INING  LAWS 


d  States,  Arizona,  California; 
Nevada  and  Utah 


WITH  FORMS  AND 

CORPORATION  LAWS  OF  ARIZONA 


SECOND  EDITION 
REVISED  TO  MAY  I,  1907 


COMPILED  BY 

CALVERT    WILSON 

ATTORNEY  AT  LAW 
LOS  ANGELES,  CAL. 


UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


S,  CALIFORNIA 


TLETT.  Pres. 

GAIL  B.  JOHNSON, 

Y-Pres. 
'AY,  V-Pres. 
\NDER,  Cash'r. 


$  850,000 
$  9,500,000 
$10,500,000 


Los   Angeles  is  the  Metropolis  of 
Southern  California.    As  to  Capital 
and  surplus  this  is  the  largest  Sav- 
ings Bank.    People  to  whom  safety, 
conservatism  and  adequate  banking 
facilities  appeal,  find   this  Bank  the 
logical  depositary    and   medium  for 
transacting  Savings  Bank  busi- 
ness  in    Southern   California. 
i_     Correspondence  invited. 


223  S.  SPRING  ST 

Branch: 
COR.    MAIN   AND  FIRST  STREETS 


SAFETY    RATHER    THAN    INCOME    IS    THE    IMPORTANT  FACTOR 
WITH  THIS   BANK 


WILSON'S 

MINING   LAWS 

United  States,  Arizona,  California, 
Nevada  and  Utah 

WITH  FORMS  AND 

CORPORATION  LAWS  OF  ARIZONA 


SECOND    EDITION 
REVISED  TO  MAY  1,  1907 


COMPILED  BY 

CALVERT    WILSON 

ATTORNEY  AT  LAW 
350  Wilcox  Building,  Los  Angeles,  Cal. 


COPYRIGHT,  1907.  BY  CALVERT  WILSON 


BAUMGARDT  PUBLISHING  CO. 

Los  Angeles,  Cal. 

1907 


TO  ATTORNEYS 


I  would  advise  you  that  I  have  in  my  office  a  complete  set  of 
Arizona  Statutes,  decisions  and  forms  which  you  are  welcome 
to  use  at  any  time. 

I  have  associates,  mostly  attorneys,  who  can  act  as  agents  for 
corporations,  in  all  the  principal  towns  of  Arizona,  and  I  can 
thus  quickly  and  carefully  assist  you  to  incorporate.  Corres- 
pondence with  attorneys  on  Arizona  practice  will  be  cheerfully 
answered  to  assist  them  in  their  business.  I  was  for  many 
years  District  Attorney  in  Arizona  and  have  been  in  this  line 
of  business  for  20  years.  You  can  save  yourself  a  great  deal  of 
trouble  and  possible  error  by  handing  or  sending  your  original 
articles  (and  two  copies)  to  me,  and  my  associate  in  Arizona 
will  attend  to  filing  and  publishing  and  return  all  papers  to  you 
promptly. 

We  are  also  prepared  to  hold  stockholders'  meetings  any- 
where in  Arizona  by  proxy  when  desired. 

If  you  have  occasion  to  associate  counsel  with  you  in  any 
mining  litigation  in  Arizona,  I  would  have  you  know  that  either 
my  father,  Gen.  Thos.  F.  Wilson,  or  myself  attend  all  terms  of 
Court  in  Phoenix  (Maricopa  County),  Yuma  (Yuma  County), 
Nogales  (Santa  Cruz  County),  Florence  (Final  County),  Tomb- 
stone (Cochise  County),  and  Tucson  (Pima  County).  We  have 
had  from  fifteen  to  twenty  years'  experience  in  mining  litiga- 
tion in  Arizona. 

We  can  also,  assist  you  to  obtain  patents  to  mining  claims  or 
agricultural  entries  either  through  the  local  U.  S.  Land  Offices 
at  Tucson,  Arizona  or  Los  Angeles,  California  or  the  Depart- 
ments in  Washington. 

Gen.  Thos.  F.  Wilson  resides  at  Tucson,  Arizona,  where  he 
was  United  States  Attorney.  We  will  be  glad  to  be  associated 
in  any  class  of  general  law  business  you  may  have  in  Arizona. 

I  refer  by  permission  to  Hon.  W.  J.  Hunsaker,  Hon.  E.  W. 
Camp  and  Messrs.  Works,  Lee  &  Works,  Attorneys,  Los  An- 
geles, California. 

CALVERT  WILSON. 

Attorney  at  Law, 
Los  Angeles,  California. 

350  Wilcox  Building.      Home  Phone  1851. 


SUMMARY  OF 


UNITED  STATES  LAWS 


All  mineral  lands  are  open  to  occupation  and  purchase  by 
any  citizen,  or  he  who  has  declared  his  intention  to  become  a 
citizen  of  the  United  States. 

A  mining  claim  located  since  May  10,  1872,  shall  not  exceed 
fifteen  hundred  feet  in  length  along  the  vein  or  lode  and  three 
hundred  feet  on  each  side  of  the  middle  of  the  vein  at  the  sur- 
face. 

The  locator  of  a  mining  claim  has  the  exclusive  right  of  pos- 
session and  enjoyment  of  all  of  the  surface  of  his  claim  and  of 
all  veins,  lodes  or  ledges  throughout  their  entire  depth,  the  top 
or  apex  of  which  lies  inside  his  surface  lines  extended  vertically 
downwards.  The  owner  of  a  mining  claim  may  follow  his  ledge 
should  its  dip  carry  him  beyond  his  side  lines  extended  ver- 
tically down,  so  long  as  he  does  not  trespass  on  the  surface  of 
another  claim ;  but  in  no  case  can  he  go  beyond  his  end  -lines, 
which  must  in  all  cases  be  parallel. 

No  lode  claim  can  be  recorded  until  a  vein  or  lode  has  been 
discovered  thereon. 

Where  two  claims  cross  each  other  the  prior  location  is  en- 
titled to  all  the  ore  or  mineral  within  the  space  of  intersection, 
but  the  subsequent  location  has  a  right  of  way  through  the 
space  of  intersection  for  the  working  of  the  mine,  and  where 
two  or  more  veins  unite  the  oldest  location  takes  the  vein  below 
the  point  of  union,  including  all  the  space  of  intersection. 

A  PATENT  can  be  obtained  on  a  mining  claim  after  $500 
has  been  expended  thereon  for  development  or  improvement, 
upon  its  being  surveyed  by  a  United  States  mineral  surveyor, 
and  by  the  payment  of  $5  per  acre  for  the  land  to  the  United 
States  Government. 

TO  HOLD  AN  UNPATENTED  MINING  CLAIM,'  not  less 
than  $100  worth  of  labor  shall  be  performed  or  improvements 
made  thereon  each  year,  subject  to  the  local  laws  of  the  State 
or  rules  of  the  mining  district.  Where  several  claims  are  held 
in  common  and  are  contiguous,  the  whole  expenditure  may  be 
made  on  any  one  claim.  The  period  within  which  this  work  is 
required  to  be  done  begins  on  the  first  day  of  January  of  the 
year  succeeding  the  year  of  location. 


77692,'J 


Edward  T.  Wright 

Mem.  Am.  Soc.  C.  £. 

Civil  and  Hydraulic  Engineer 

and 

Land  Surveyor 


Established  in  Business  in 

Los  Angeles  for 

30  years 


Rooms  690  and  692 

Pacific  Electric  Building 

Los  Angeles,  Cal. 

Telephone  Home  F  2405 


Mining  Laws  of  the  United  States. 


Title  XXXII,  Chapter  6,  Revised  Statutes. 

Sec.  2318.  In  all  cases  lands  valuable  for  minerals  shall  be 
reserved  from  sale,  except  as  otherwise  expressly  directed  by 
law.  132  Cal.  115. 

Sec.  2319.  All  valuable  mineral  deposits  in  lands  belonging 
to  the  United  States,  both  surveyed  and  unsurveyed,  are  hereby, 
declared  to  be  free  and  open  to  exploration  and  purchase,  and 
the  lands  in  which  they  are  found  to  occupation  and  purchase, 
by  citizens  of  the  United  States  and  those  who  have  declared 
their  intention  to  become  such,  under  regulations  prescribed  by 
law,  and  according  to  the  local  customs  or  rules  of  miners  in 
the  several  mining  districts,  so  far  as  the  same  are  applicable 
and  not  inconsistent  with  the  laws  of  the  United  States. 

As  to  Aliens — 152  U.  S.  505.    As  to  Location  by  Agent — 

109  Cal.  122.     As  to  Locations  on  Townsite — 115  U.  S. 

406.    Private  Corp.  can  Locate— 137  U.  S.  168.    A  Minor 

can  Locate,  72  Cal.  531.    Also  see  171  U.  S.  55 ;  173  U. 

S.  439 ;  175  U.  S.  571 ;  133  Cal.  634 ;  181  U.  S.  519 ;  183 

U.  S.  563. 

Sec.  2320.  Mining  claims  upon  veins  or  lodes  of  quartz  oij 
other  rock  in  place  bearing  gold,  silver,  cinnabar,  lead,  tin,  cop- 
per, or  other  valuable  deposits,  heretofore  located,  shall  be 
governed  as  to  length  along  the  vein  or  lode  by  the  customs, 
regulations,  and  laws  in  force  at  the  date  of  their  location.  A 
mining  claim  located  after  the  tenth  day  of  May,  eighteen  hun- 
dred and  seventy-two,  whether  located  by  one  or  more  persons 
may  equal,  but  shall  not  exceed,  one  thousand  five  hundred 
feet  in  length  along  the  vein  or  lode;  but  no  location  of  a 
mining  claim  shall  be  made  until  the  discovery  of  the  vein  or 
lode  within  the  limits  of  the  claim  located.  No  claim  shall  ex- 
tend more  than  three  hundred  feet  on  each  side  of  the  middle 
of  the  vein  at  the  surface,  nor  shall  any  claim  be  limited  by 
any  mining  regulation  not  less  than  twenty-five  feet  on  each 
side  of  the  middle  of  the  vein  at  the  surface,  except  where  ad- 
verse  rights  existing  on  the  tenth  day  of  May,  eighteen  hun- 
dred and  seventy-two,  render  such  limitation  necessary.  The 
end  lines  of  each  claim  shall  be  parallel  to  each  other. 

Meaning  of  Vein,  Lode  and  Ledge— 17  Utah  185;  73  Cal. 

114;  116  U.  S.  529;  167  U.  S.  115;  122  U.  S.  484. 


6  MINING  LAWS  OF  THE  UNITED  STATES 

Discovery— 152  U.  S.  227;  134  Cal.  585;  94  F.  B.  600;  177 
U.  S.  505;  93  F.  R.  612;  167  U.  S.  115;  5  F.  B.  172;  17 
Utah  185. 

Willing  to  Develop — 82  Fed. ;  37  Oregon  185, 
Length  and  Width  of  Loeation-18  Col.  524;  5  F.  R.  172. 
What  is  Mining  Claim— 104  U.  S.  284. 
Surface  Lines— 171  U.  S.  75;  122  IJ.  S.  484;  104  F.  R.  664; 

118  U.  S.  196 ;  171  U.  S.  293. 
Overlapping  Claims— 171  U.  S.  75 ;  171  U.  S.  83.    Gen.  115 

U.  S.  45;  104  U.  S.  279;  94  U.  S.  762. 
Sec.  2321.  Proof  of  citizenship,  under  this  chapter,  may 
consist,  in  the  case  of  an  individual,  of  his  own  affidavit  there- 
of; in  the  case  of  an  association  of  persons  unincorporated,  of 
the  affidavit  of  their  authorized  agent,  made  on  his  own  knowl- 
edge, or  upon  information  and  belief ;  and  in  the  case  of  a  cor- 
poration organized  under  the  laws  of  the  United  States,  or  of 
any  state  or  territory  thereof,  by  the  filing  of  a  certified  copy 
of  their  charter  or  certificate  of  incorporation.  11  F.  R.  125 ; 
130  U.  S.  299 ;  72  Cal.  531. 

Supplemented  by  an  act  of  April  26th,  1882,  which  provides 
as  follows : 

"That  applicants  for  mineral  patents,  if  residing  beyond  the 
limits  of  the  district  wherein  the  claim  is  situated,  may  make 
any  oath  or  affidavit  required  for  proof  of  citizenship  before 
the  clerk  of  any  court  of  record,  or  before  any  notary  public  of 
any  state  or  territory."  22  Stats,  at  Large,  p.  49,  chap.  106. 

Sec.  2322.  The  locators  of  all  mining  locations  heretofore 
made  or  which  shall  hereafter  be  made,  on  any  mineral  vein, 
lode,  or  ledge,  situated  on  the  public  domain,  their  heirs  and 
assigns,  where  no  adverse  claims  exists  on  the  tenth  day  of 
May,  eighteen  hundred  and  seventy-two,  so  long  as  they  com- 
ply with  the  laws  of  the  United  States,  and  with  State,  Terri- 
torial and  local  regulations  not  in  conflict  with  the  laws  of  the 
United  States  governing  their  possessory  title,  shall  have  the 
exclusive  right  of  possession  and  enjoyment  of  all  the  surface 
included  within  the  lines  of  their  locations,  and  of  all  veins, 
lodes  and  ledges  throughout  their  entire  depth,  the  top  or  apex 
of  which  lies  inside  of  such  surface  lines  extended  downward 
vertically,  although  such  veins,  lodes,  or  ledges  may  so  far  de- 
part from  a  perpendicular  in  their  course  downward  as  to  ex- 
tend outside  the  vertical  side  lines  of  such  surface  locations. 
But  their  right  of  possession  to  such  outside  parts  of  such  veins 
or  ledges  shall  be  confined  to  such  portions  thereof  as  lie  be- 
tween vertical  planes  drawn  downward  as  above  described 
through  the  end  lines  of  their  locations,  so  continued  in  their 


MINING  LAWS  OF  THE  UNITED  STATES  7 

own  direction  that  such  planes  will  intersect  such  exterior 
parts  of  such  veins  or  ledges.  And  nothing  in  this  section 
shall  authorize  the  locator  or  possessor  of  a  vein,  or  lode  which 
extends  in  its  downward  course  beyond  the  vertical  lines  of  his 
claim  to  enter  upon  the  surface  of  a  claim  owned  or  possessed 
by  another. 

11  Pac.  77;  11  Pac.  515;  98  U.  S.  463;  118  U.  S.  196;  116 
U.  S.  529;  116  U.  S.  418;  98  U.  S.  453;  29  F.  R.  347;  3 
Utah  159 ;  128  U.  S.  680 ;  122  U.  S.  478 ;  114  U.  S.  576 ;  29 
P.  R.  814;  16  F.  R.  348;  171  U.  S.  55;  171  U.  S.  293;  113 
F.  R.  900.  Right  of  Possession— 104  U.  S.  284;  152  U. 
S.  229. 

Sec.  2323.  Where  a  tunnel  is  run  for  the  development  of  a 
vein  or  lode,  or  for  the  discovery  of  mines,  the  owners  of  such 
tunnel  shall  have  the  right  of  possession  of  all  veins  or  lodes 
within  three  thousand  feet  from  the  face  of  such  tunnel  on  the 
line  thereof,  not  previously  known  to  exist,  discovered  in  such 
tunnel,  to  the  same  extend  as  if  discovered  from  the  surface  and 
locations  on  the  line  of  such  tunnel  of  veins  or  lodes  not  ap- 
pearing on  the  surface,  made  by  other  parties  after  the  com- 
mencement of  the  tunnel,  and  while  the  same  is  being  prose- 
vi-  AiMn^na  c.v,oii  v.0  invalid  hnt  failure  to 


COKRECTIOX-Insert  at  "A"  in  Section  2324,  the  following:  ' 
On  all  claims  located  prior  to  the  tenth  day  of  May  eighteen 
hundred  and  seventy-two,  ten  dollars'  worth  of  labor  shall  be  per- 
lornied  or  improvements  made  by  the  tenth  day  of  June  eighteen 
hundred  and  seventy-four,  and  each  year  thereafter  for  each  one 
hundred  feet  in  length  along  the  vein  until  a  patent  has  been  isued 
therefor;  but  where  such  claims  are  held  in  common,  such  ex- 
penditure may  be  made  upon  any  one  claim;  and  upon  a  failure 
to  comply  with  these  conditions,  the  claim  or  mine  upon  whkh 
such  failure  occurred  shaH  be  open  to  relocation  in  The  same 
i  n0.10Cat;T  of  the  same  ^  ever  been  made,  pro- 
the  original  locators,  their  heirs,  assigns,  or  legal  rep- 

work  upon  the  cfaim 


lars'  worth  of  labor  shall  be  performed  or  improvements  macfe 
during  each  year.  '£%" 

Upon  the  failure  of  any  one  of  several     co-owners    to  con- 


6  MINING  LAWS  OF  THE  UNITED  STATES 

Discovery—  152  U.  S.  227;  134  Cal.  585;  94  F.  R.  600;  177 
U.  S.  505  ;  93  F.  R.  612  ;  167  U.  S.  115  ;  5  F.  R.  172  ;  17 
Utah  185. 

Willing  to  Develop  —  82  Fed.  ;  37  Oregon  185, 
Length  and  Width  of  Location-18  Col.  524;  5  F.  R.  172. 
What  is  Mining  Claim—  104  U.  S.  284. 
Surface  Lines—  171  U.  S.  75;  122  U.  S.  484;  104  F.  R.  664; 

118  U.  S.  196;  171  U.  S.  293. 
Overlapping  Claims—  171  U.  S.  75  ;  171  U.  S.  83.    Gen.  115 

U.  S.  45;  104  U.  S.  279;  94  U.  S.  762. 
Sec.  2321.  Proof  of  citizenship,  under  this  chapter,  may 
consist,  in  the  case  of  an  individual,  of  his  own  affidavit  there- 
of ;  in  the  case  of  an  association  of  persons  unincorporated,  of 
the  affidavit  of  their  authorized  agent,  made  on  his  own  knowl- 
edge, or  upon  information  and  belief  ;  and  in  the  case  of  a  cor- 
poration organized  under  the  laws  of  the  United  States,  or  of 
any  state  or  territory  thereof,  by  the  filing  of  a  certified  copy 
of  their  charter  or  certificate  of  incorporation.  11  F.  R.  125  ; 
130  U.  S.  299  ;  72  Cal.  531. 

Supplemented  by  an  act  of  April  26th,  1882,  which  provides 
as  follows  : 

"That  applicants  for  mineral  patents,  if  residing  beyond  the 
limit: 
any 
the  c 
any  s 
8e< 


lode, 
assig 
May, 

ply  ^ 

toria 

Unit 

exch 

incln 

lodes 

of  w 

verti  I 

part 

tend 

But   111CU   il&ill  Ul  pusscggnjii  tv  auv^n  uvuiuiuuj  pm* 

or  ledges  shall  be  confined  to  such  portions  thereof  as  lie  be- 
tween vertical  planes  drawn  downward  as  above  described 
through  the  end  lines  of  their  locations,  so  continued  in  their 


MINING  LAWS  OF  THE  UNITED  STATES  7 

own  direction  that  such  planes  will  intersect  such  exterior 
parts  of  such  veins  or  ledges.  And  nothing  in  this  section 
shall  authorize  the  locator  or  possessor  of  a  vein,  or  lode  which 
extends  in  its  downward  course  beyond  the  vertical  lines  of  his 
claim  to  enter  upon  the  surface  of  a  claim  owned  or  possessed 
by  another. 

11  Pac.  77 ;  11  Pac.  515 ;  98  U.  S.  463 ;  118  U.  S.  196 ;  116 
U.  S.  529;  116  U.  S.  418;  98  U.  S.  453;  29  F.  R.  347;  3 
Utah  159 ;  128  U.  S.  680 ;  122  U.  S.  478 ;  114  U.  S.  576 ;  29 
F.  R.  814;  16  F.  R.  348;  171  U.  S.  55;  171  U.  S.  293;  113 
F.  R.  900.  Right  of  Possession— 104  U.  S.  284;  152  U. 
S.  229. 

Sec.  2323.  Where  a  tunnel  is  run  for  the  development  of  a 
vein  or  lode,  or  for  the  discovery  of  mines,  the  owners  of  such 
tunnel  shall  have  the  right  of  possession  of  all  veins  or  lodes 
within  three  thousand  feet  from  the  face  of  such  tunnel  on  the 
line  thereof,  not  previously  known  to  exist,  discovered  in  such 
tunnel,  to  the  same  extend  as  if  discovered  from  the  surface  and 
locations  on  the  line  of  such  tunnel  of  veins  or  lodes  not  ap- 
pearing on  the  surface,  made  by  other  parties  after  the  com- 
mencement of  the  tunnel,  and  while  the  same  is  being  prose- 
cuted with  reasonable  diligence,  shall  be  invalid,  but  failure  to 
prosecute  the  work  on  the  tunnel  for  six  months  shall  be  con- 
sidered as  an  abandonment  of  the  right  to  all  undiscovered 
veins  on  the  line  of  such  tunnel. 

4  Cal.  507 ;  127  U.  S.  481 ;  182  U.  S,  500 ;  167  U.  S.  116 ;  143 
U.  S.  405. 

Sec.  2324.  The  miners  of  each  mining  district  may  make 
regulations  not  in  conflict  with  the  laws  of  the  United  States, 
or  with  the  laws  of  the  State  or  Territory  in  which  the  district 
is  situated,  governing  the  location,  manner  of  recording, 
amount  of  work  necessary  to  hold  possession  of  a  mining  claim, 
subject  to  the  following  requirements:  The  location  must  be 
distinctly  marked  on  the  ground  so  that  its  boundaries  can  be 
readily  traced.  All  records  of  mining  claims  hereafter  made 
shall  contain  the  name  or  names  of  the  locators,  the  date  of  the 
location,  and  such  a  description  of  the  claim  or  claims  located 
by  reference  to  some  natural  object  or  permanent  monument  as 
will  identify  the  claim.  On  each  claim  located  after  the  tenth 
day  of  May,  eighteen  hundred  and  seventy-two,  and  until  a 
patent  has  been  issued  therefor,  not  less  than  one  hundred  dol- 
lars' worth  of  labor  shall  be  performed  or  improvements  made 
during  each  year.  f(^v 

Upon  the  failure  of  any  one  of  several     co-owners    to  con- 


8  MINING  LAWS  OF  THE  UNITED  STATES 

tribute  his  proportion  of  the  expenditures  required  hereby,  the 
co-owners  who  have  performed  the  labor  or  made  the  improve- 
ments may,  at  the  expiration  of  the  year,  give  such  delinquent 
co-owner  personal  notice  in  writing  or  notice  by  publication  in 
the  newspaper  published  nearest  the  claim,  for  at  least  once  a 
week  for  ninety  days,  and  if  at  the  expiration  of  ninety  days 
after  such  notice  in  writing  or  by  publication  such  delinquent 
should  fail  or  retuse  to  contribuate  his  proportion  of  the  expedi- 
ture  required  by  this  section,  his  interest  in  the  claim  shall  be- 
come the  property  of  his  co-owners  who  have  made  the  required 
expenditures. 

Tunnel  Amendment,  February  11,  1875. 
Be  it  enacted  by  the  senate  and  house  of  representatives  of 
the  United  States  of  America  in  congress  assembled,  that  sec- 
tion two  thousand,  three  hundred  and  twenty-four  of  the  Re- 
vised Statutes  be,  and  the  same  is  hereby,  amended  so  that 
where  a  person  or  company  has  or  may  run  a  tunnel  for  the 
purpose  of  developing  a  lode  or  lodes,  owned  by  said  person 
or  company,  the  monej7  so  expended  in  said  tunnel  shall  be 
taken  and  considered  as  expended  on  said  lode  or  lodes,  wheth- 
er located  prior  to  or  since  the  passage  of  said  act;  and  such 
person  or  company  shall  not  be  required  to  perform  work  on 
the  surface  of  said  lode  or  lodes  in  order  to  hold  the  same  as 
required  by  said  act.  (18  Stats,  at  Large,  page  315,  chap.  41.) 
Amendment  of  January  22,  1880. 

"Provided,  that  the  period  within  which  the  work  required 
to  be  done  annually  on  all  unpatented  mineral  claims  shall  com- 
mence on  the  first  day  of  January  succeeding  the  date  of  loca- 
tion of  such  claim,  and  this  section  shall  apply  to  all  claims  lo- 
cated since  the  tenth  day  of  May,  Anno  Domini  eighteen  hun- 
dred and  seventy-two."  (21  Stats,  at  Large,  page  61,  chap.  9.) 
Marking  LocationL-53  Cal.  149 ;  59  Cal.  614 ;  119  Fed.  55 ; 

152  U.  S.  227 ;  116  U.  S.  418 ;  113  Cal.  550 ;  158  U.  S.  441 ; 

130  U.  S.  291. 
Time  to  Mark  Boundaries— 93  Fed.  611;  115  F.  R.  531; 

129  Cal.  483 ;  137  Cal.  211. 
Permanent  Monument-158  U.  S.  441;  137  Cal.  212;  130 

U.  S.  291 ;  67  Pac.  955;  129  Cal.  436. 
Notice  of  Location— 129>  Cal.  350;  123  F.  R.  209;  160  U.  S. 

318;  25  F.  R.  596;  113  U.  S.  534;  111  U.  S.  356;  183  U.  S. 

563;  134  F.  R.  610. 
One  Hundred  Dollars  Labor— 125  F.  R.  147;  97  F.  R.  386: 

27  Cal.  501 ;  127  F.  R.  611 ;  132  Cal.  56 ;  111  V.  S.  353. 

On  one  for  more- 109  U.  S.  440;  114  Cal.  100:  30  Cal. 

431;  104  U.  S.  636;  145  IT.  S.  428;  11  F.  R.  677;  24  Mont. 


MINING  LAWS  OF  THE  UNITED  STATES  9 

243;  11  Utah  328;  75  Pac.  919;  133  Cal.  510;  130  U.  S. 

292;  65  Cal.  555. 
Forfeiture  to  Co-owner— 194  U.  S.  248 ;  150  U.  S.  585 ;  17 

Colo.  243. 
Recording  Notice-129  Cal.  361;  144  U.  S.  658;  117  U.  S. 

401;  16  Utah  103;  99  U.  S.  261;  29  F.  R.  814. 
Relocation^65  Cal.  605;  171  U.  S.  77;  129  Cal.  350;  58 

F.  R,  295;  24  Utah  73;  104  U.  S.  279;  82  F.  R.  554; 

65  Cal.  555 ;  181  U.  S.  269 ;  18  Utah  183 ;  75  Cal.  284. 

134  F.  R.  610. 

Generally-60  Cal.  631;  175  U.  S.  571:  17  Cal.  107. 
Sec.  2325.  (Patents  for  Mineral  Lands,  how  obtained).  A 
patent  for  any  land  claimed  and  located  for  valuable  deposits 
may  be  obtained  in  the  following  manner:  Any  person,  asso- 
ciation, or  corporation  authorized  to  locate  a  claim  under  this 
chapter,  having  claimed  and  located  a  piece  of  land  for  such 
purposes,  who  has,  or  have  complied  with  the  terms  of  this 
chapter,  may  file  in  the  proper  land  office  an  application  for  a 
patent,  under  oath,  showing  such  compliance,  together  with  a 
plat  and  field  notes  of  the  claim  or  claims  in  common,  made 
by  or  under  the  direction  of  the  United  States  surveyor-general, 
snowing  accurately  the  boundaries  of  the  claim  or  claims,  and 
shall  be  distinctly  marked  by  monuments  on  the  ground,  and 
shall  post  a  copy  of  such  plat,  together  with  a  notice  of  such 
application  for  a  patent,  in  a  conspicuous  place  on  the  land  em- 
braced in  such  plat  previous  to  the  filing  of  the  application  for 
a  patent,  and  shall  file  an  affidavit  of  at  least  two  persons  that 
such  notice  has  been  duly  posted,  and  shall  file  a  copy  of  the 
notice  in  such  land  office,  and  shall  thereupon  be  entitled  to  a 
patent  for  the  land,  in  the  manner  following :  The  register  of 
the  land  office,  upon  the  filing  of  such  application,  plat,  field- 
notes,  notices  and  affidavits',  shall  publish  a  notice  that  such  ap- 
plication has  been  made,  for  the  period  of  sixty  days,  in  a 
newspaper  to  be  by  him  designated  as  published  nearest  to  such 
claim;  and  he  shall  also  post  such  notice  in  his  office  for  the 
same  period.  The  clairfiant  at  the  time  of  filing  this  ap- 
plication has  been  made,  for  the  period  of  sixty  days,  in  a 
publication,  shall  file  with  the  register  a  certificate  of  the  Unit- 
ed States  surveyor-general  that  five  hundred  dollars'  worth  of 
labor  has  been  expended  or  improvements  made  upon  the  claim 
by  himself  or  grantors;  that  the  plat  is  correct,  with  such 
further  description  by  such  reference  to  natural  objects  or  per- 
manent monuments  as  shall  identify  the  claim,  and  furnish  an 
accurate  description,  to  be  incorporated  in  the  patent.  At  the 
expiration  of  the  sixty  days  of  publication  the  claimant  shall 
file  his  affidavit,  showing  that  the  plat  and  notice  have  been 
posted  in  a  conspicuous  place  on  the  claim  during  such  period 


10  MINING  LAWS  OF  THE  UNITED  STATES 

of  publication.  If  no  adverse  claim  shall  have  been  filed  with 
the  register  and  the  receiver  of  the  proper  land  office  at  the 
expiration  of  the  sixty  days  of  publication,  it  shall  be  assumed 
that  the  applicant  is  entitled  to  a  patent ;  upon  the  payment  to 
the  proper  officer  of  fiye  dollars  per  acre,  and  that  no  adverse 
claim  exists;  and  thereafter  no  objection  from  third  parties  to 
the  issuance  of  a  patent  shall  be  heard,  except  it  be  shown  that 
the  applicant  has  failed  to  comply  with  the  terms  of  this  chap- 
ter. Provided,  That  where  the  claimant  for  a  patent  is  not  a 
resident  of  or  within  the  land  district  wherein  the  vein,  lode, 
ledge  or  deposit  sought  to  be  patented  is  located,  the  applica- 
tion for  patent  and  the  affidavits  required  to  be  made  in  this 
section  by  the  claimant  for  such  patent  may  be  made  by  his, 
her,  or  its  authorized  agent,  where  said  agent  is  conversant 
with  the  facts  sought  to  be  established  by  said  affidavit.  And, 
Provided,  That  this  section  shall  apply  to  all  applications  now 
pending  for  patents  to  mineral  lands.  (R.  S.) 

24)  Nev.  273 ;  74  Pac.  518 ;  135  U.  S.  298 ;  33  F.  R.  562 ;  150 
U.  S.  587  •  85  F.  R.  485 ;  21  F.  R.  695 ;  194  U.  S.  233 ;  82 
F.  R.  697;  119  U.  S.  167;  167  U.  S.  115. 

Fraud— 128  U.  S.  676. 

Generally  on  this  Section— 171  U.  S.  56 ;  177  U.  S.  505 ;  188 

U.  S.  184. 

Sec.  910.  No  possessory  action  between  persons  in  any 
court  of  the  United  States  for  the  recovery  of  any  mining  title 
or  for  damages  to  any  such  title  shall  be  affected  by  the  fact 
that  the  paramount  title  to  the  land  in  which  such  mines  lie  is 
in  the  United  States;  but  each  case  shall  be  adjudged  by  the 
law  of  possession. 

104  U.  S.  283;  85  F.  R.  486;  122  F.  R.  784;  92  F.  R.  230; 

53  F.  R.  321;  117  Cal.  489;  24  Or.  265. 
Sec.  2326.  (Adverse  claim,  proceedings  on.)  Where  an  ad- 
verse claim  is  filed  during  the  period  of  publication,  it  shall  be 
upon  oath  of  the  person  or  persons  making  the  same,  and  shall 
show  the  nature,  boundaries,  and  extent  of  such  adverse  claim, 
and  all  proceedings,  except  the  publication  of  notice  and  mak- 
ing and  filing  of  the  affidavit  thereof,  shall  be  stayed  until  the 
controversy  shall  have  been  settled  or  decided  by  a  court  of 
competent  jurisdiction,  or  the  adverse  claim  waived.  It  shall 
be  the  duty  of  the  adverse  claimant,  within  thirty  days  after 
filing  his  claim,  to  commence  proceedings  in  a  court  of  compe- 
tent jurisdiction,  to  determine  the  question  of  the  right  of 
possession,  and  prosecute  the  same  with  reasonable  diligence 
to  final  judgment;  and  a  failure  so  to  do  shall  be  a  waiver  of 
his  adverse  claim.  After  such  judgment  shall  have  been  ren- 
dered, the  party  entitled  to  the  possession  of  the  claim,  or  any 
portion  thereof,  may,  without  giving  further  notice,  file  a  cer- 


MINING  LAWS  OF  THE  UNITED  STATES  11 

tified  copy  of  the  judgment-roll  with  the  register  of  the  land 
office,  together  with  the  certificate  of  the  surveyor-general  that 
the  requisite  amount  of  labor  has  been,  expended  or  improve- 
ments made  thereon,  and  the  description  required  in  other 
cases,  and  shall  pay  to  the  receiver  five  dollars  per  acre  for  his 
claim,  together  with  the  proper  fees,  whereupon  the  whole  pro- 
ceedings and  the  judgment-roll  shall  be  certified  by  the  register 
to  the  commissioner  of  the  general  land  office,  and  a  patent 
shall  issue  thereon  for  the  claim,  or  such  portion  thereof  as  the 
applicant  shall  appear,  from  the  decision  of  the  court,  to  rightly 
possess.  If  it  appears  from  the  decision  of  the  court  that  sev- 
eral parties  are  entitled  to  separate  and  different  portions  of 
the  claim,  each  party  may  pay  for  his  portion  of  the  claim, 
with  the  proper  fees,  and  file  the  certificate  and  description  by 
the  surveyor-general,  whereupon  the  register  shall  certify  the 
proceedings  and  judgment-roll  to  the  commissioner  of  the 
general  land  office,  as  in  the  preceding  case,  and  patents  shall 
issue  to  the  several  parties  according  to  their  respective  rights. 
Nothing  herein  contained  shall  be  construed  to  prevent  the 
alienation  of  the  title  conveyed  by  a  patent  for  a  mining-claim 
to  any  person  whatever.  (R.  S.) 

180  U.  S.  534;  177  U.  S.  534;  175  U.  S.  579;  177  U.  S.  513; 
157  U.  S.  694;  114  Cal.  100;  114  U.  S.  585;  119  U.  S.  485; 
163  U.  S.  165;  123  F.  R.  936;  67  Pac.  724;  95  F.  R.  213: 
83  Cal.  300;  129  Cal.  480;  119  U.  S.  485;  109  U.  S.  440: 
107  U.  S.  401;  57  Pac.  641;  111  U.  S.  350. 

(Act  of  March  3,  1881,  ch.  140,  21  Stat.  L.  505). 

(Findings  by  Jury — Costs.)  That  if,  in  any  action  brought 
pursuant  to  section  twenty-three  hundred  and  twenty-six  of 
the  Revised  Statutes,  title  to  the  ground  in  controversy  shall 
not  be  established  by  either  party,  the  jury  shall  so  find,  and 
judgment  shall  be  entered  according  to  the  verdict.  In  such 
case  costs  shall  not  be  allowed  to  either  party,  and  the  claim- 
ant shall  not  proceed  in  the  land-office  or  be  entitled  to  a  pat- 
ent for  the  ground  in  controversy  until  he  shall  have  perfected 
his  title. 

(Act  of  April  26,  1882,  ch.  106,  22  Stat.  L.  49). 

Sec.  1.  (Oath  of  Claimant,  Before  Whom  Made.)  That 
the  adverse  claim  required  by  section  twenty-three  hundred 
and  twenty-six  of  the  Revised  Statutes  may  be  verified  by  the 
oath  of  any  duly-authorized  agent  or  attorney-in-fact  of  the 
adverse  claimant  cognizant  of  the  facts  stated;  and  the  ad- 
verse claimant,  if  residing  or  at  the  time  being  beyond  the  lim- 
its of  the  district,  wherein  the  claim  is  situated,  may  make 
oath  to  the  adverse  claim  before  the  clerk  of  any  court  of 
record  of  the  United  States  or  of  the  state  or  territory  where 


12  MINING  LAWS  OF  THE  UNITED  STATES 

the  adverse  claimant  may  then  be,  or  before  any  notary  pub- 
lie  of  such  state  or  territory. 

Sec.  2327.  The  description  of  vein  or  lode  claims,  upon  sur- 
veyed lands,  shall  designate  the  location  of  the  claim  with  ref- 
erence to  the  lines  of  the  public  surveys,  but  need  not  conform 
therewith ;  but  where  a  patent  shall  be  issued  for  claims  upon 
unsurveyed  lands,  the  surveyor-general,  In  extending  the  sur- 
veys, shall  adjust  the  same  to  the  boundaries  of  such  patented 
claim,  according  to  the  plat  or  description  thereof,  but  so  as 
in  no  case  to  interfere  with  or  change  the  location  of  any  such 
patented  claim. 

Sec.  2328.  Concerns  applications  for  patents,  pending  prior 
to  May,  1872. 

Sec.  2329.  Claims  usually  called  "placers"  including  all 
forms  of  deposit,  excepting  veins  of  quartz,  or  other  rock  in 
place,  shall  be  subject  to  entry  and  patent,  under  like  circum- 
stances and  conditions,  and  upon  similar  proceedings,  as  are 
provided  for  vein  or  lode  claims;  but  where  the  lands  have 
been  previously  surveyed  by  the  United  States,  the  entry  in  its 
exterior  limits  shall  conform  to  the  legal  subdivisions  of  the 
public  lands. 

See  Gould  &  T.  3,  441. 

128  U.  S.  679;  196  U.  S.  119;  65  Cal.  40;  78  Cal.  595;  134 

Gal.  350. 

What  Can  Be  Located  As  Placer.      (See,  also,   citations 

2330).    Stone,  oil,  salt,  springs,  granite  quarries,  marble. 

(Act  of  August,  4,  1892,  ch.  375,  27  Stat.  L.  348). 

Sec.  1.     (Entry  of  building  stone  lands  under  placer  claims 

laws).     That  any  person  authorized  to  enter  lands  under  the 

mining  laws  of  the  United  States  may  enter  lands  that  are 

chiefly  valuable  for  building  stone  under  the  provisions  of  the 

law  in  relation  to  placer  mineral  claims,  Provided,  That  lands 

reserved  for  the  benefit  of  the  public  schools  or  donated  to  any 

state  shall  not  be  subject  to  entry  under  this  act.  (27  Stat.  L. 

348). 

(Act  of  February  11,  1897,  ch.  216,  29  Stat.  L.  526). 
(Entry  of  petroleum  or  other  mineral  oil  lands  under  placer 
claims  laws.)  That  any  person  authorized  to  enter  lands  under 
the  mining  la.ws  of , the  United  States  may  enter  and  obtain  pat- 
ents to  lands  containing  petroleum  or  other  mineral  oils,  and 
chiefly  valuable  therefor,  under  the  provisions  of  the  laws  re- 
lating to  placer  mineral  claims.  Provided,  That  lands  con- 
taining such  petroleum  or  other  mineral  oils  which  have  here- 
tofore been  filed  upon,  claimed,  or  improved  as  mineral,  but  not 
yet  patented,  may  be  held  and  patented  under  the  provisions 


MINING  LAWS  OF  THE  UNITED  STATES  13 

of  this  Act  the  same  as  if  such  filing,  claim  or  improvement 
were  subsequent  to  the  date  of  the  passage  hereof.  (29  Stat.  L. 
526). 

An  Act  extending  the  mining  laws  to  saline  lands. 

(Act  of  January  31,  1901,  ch.  186,  31  Stat.  L.  745). 

(Entry  of  Saline  Lands  Under  Placer  Claims  Laws.)  That 
all  unoccupied  public  lands  of  the  United  States  containing 
salt  springs,  or  deposits  of  salt  in  any  form,  and  chiefly  valu- 
able therefor,  are  hereby  declared  to  be  subject  to  location 
and  purchase  under  the  provisions  of  the  law  relating  to  placer 
mining  claims.  Provided,  That  the  same  person  shall  not  lo- 
cate or  enter  more  than  one  claim  hereunder.  (31  Stat.  L.  745.) 

Sec.  2330.  Legal  subdivisions  for  forty  acres  may  be  sub- 
divided into  ten-acre  tracts,  and  two  ro  more  persons,  or  asso- 
ciations of  persons,  having  contiguous  claims  of  any  size,  al- 
though such  claims  may  be  less  than  ten  acres  each,  may  make 
joint  entry  thereof;  but  no  location  of  a  placer  claim,  made 
after  the  ninth  day  of  July,  eighteen  hundred  and  seventy, 
shall  exceed  one  hundred  and  sixty  acres  for  any  one  person 
or  association  of  persons,  which  location  shall  conform  to 
the  United  States  surveys;  and  nothing  in  this  section  con- 
tained shall  defeat  or  impair  any  bona  fide  premption  or  home- 
stead claim  upon  agricultural  lands,  or  authorize  the  sale  of  the 
improvements  of  any  bona  fide  settler  to  any  purchaser. 

104  U.  S.  636 ;  4  Sawyer  28 ;  104  U.  S.  653 ;  140  Cal.  440 ; 
14  Mont.  88. 

Sec.  2331.  Where  placer  claims  are  upon  surveyed  lands, 
and  conform  to  legal  subdivisions,  no  further  survey  or  plat 
shall  be  required,  and  all  placer  mining  claims  located  after 
the  tenth  day  of  May,  eighteen  hundred  and  seventy-two,  shall 
conform  as  near  as  practicable  with  the  United  States  system 
of  public  lands  surveys,  and  the  rectangular  subdivisions  of 
such  surveys,  and  no  such  location  shall  include  more  than 
twenty  acres  for  each  individual  claimant;  but  where  placer 
claims  cannot  be  conformed  to  legal  subdivisions,  survey  and 
plat  shall  be  made  as  on  unsurveyed  lands;  and  where  by  the 
segregation  of  mineral  land  in  any  legal  subdivision  a  quantity 
of  agricultural  land  less  than  forty  acres  remains,  such  frac- 
tional portion  of  agricultural  land  may  be  entered  by  any  party 
qualified  by  law,  for  homestead  or  preemption  purposes. 
84  Cal.  415 ;  94  F.  R.  383 ;  78  Cal.  596. 

Sec.  2332.  (What  evidence  of  possession,  etc.,  to  establish 
a  right  to  a  patent).  Where  such  person  or  association,  they 
and  their  grantors,  have  held  and  worked  their  claims  for  a 
period  equal  to  the  time  prescribed  by  the  statute  of  limitations 


14  MINING  LAWS  OF  THE  UNITED  STATES 

for  mining  claims  of  the  state  or  territory  where  the  samevmay 
be  situated,  evidence  of  such  possession  and  working  of  the 
claims  for  such  period  shall  be  sufficient  to  establish  a  right 
to  a  patent  thereto  under  this  chapter,  in  the  absence  of  any 
adverse  claim;  but  nothing  in  this  chapter  shall  be  deemed  to 
impair  any  lien  which  may  have  attached  in  any  way  what- 
ever to  any  mining  claim  or  property  thereto  attached  prior  to 
the  issuance  of  a  patent. 

127  U.  S.  348 ;  104  U.  S.  279 ;  28  Colo.  364 ;  114  Cal.  105 ;  26 

Utah  1;  83  Cal.  296. 

Sec.  2333.  Where  the  same  person,  association,  or  corpora- 
tion is  in  possession  of  a  placer  claim,  and  also  a  vein  or  lode  in- 
cluded within  the  boundaries  thereof,  application  shall  be  made 
for  a  patent  for  the  placer  claim,  with  the  statement  that  it  In- 
cludes such  vein  or  lode,  and  in  such  case  a  patent  shall  issue 
for  the  placer  claim,  subject  to  the  provisions  of  this  chapter, 
including  such  vein  or  lode  claim,  and  twenty-five  dollars  per 
acre  for  such  vein  or  lode  claim,  and  twenty-five  feet  of  surface 
on  each  side  thereof.  The  remainder  of  the  placer  claim,  or  any 
placer  claim  not  embracing  any  vein  or  lode  claim,  shall  be 
paid  for  at  the  rate  of  two  dollars  and  fifty  cents  per  acre,  to- 
gether with  all  costs  of  proceedings ;  and  where  a  vein  or  lode, 
such  as  is  described  in  section  twenty-three  hundred  and  twen- 
ty, is  known  to  exist  within  the  boundaries  of  a  placer  claim  an 
application  for  a  patent  for  such  placer  claim  which  does  not  in- 
clude an  application  for  the  vein  or  lode  claim  shall  be  construed 
as  a  conclusive  declaration  that  the  claimant  of  the  placer  claim 
has  no  right  of  possession  of  the  vein  or  lode  claim ;  but  where 
the  existence  of  a  vein  or  lode  in  a  placer  claim  is  not  known,  a 
patent  for  the  placer  claim  shall  convey  all  valuable  mineral 
and  other  deposits'  within  the  boundaries  thereof.  See  G.  &  T. 
3.  441;  116  U.  S.  687-696;  124  U.  S.  348;  109  U.  S.  550;  128  U.  S. 

673;  100  U.  S,  37;  132  U.  S.  262;  127  U.  S.  353;  124  U. 

S.  383;  143  U.  S.  400;  134  Cal.  350;  135  U.  S.  292;  75 

Pac.  420. 

Sec.  2334.  (Surveyor-general  to  appoint  surveyors  of  min- 
ing claims,  etc.)  The  surveyor-general  of  the  United  States 
may  appoint  in  each  land  district  containing  mineral  lands  as 
many  competent  surveyors  as  shall  apply  for  appointment  to 
survey  mining  claims.  The  expenses  of  the  survey  of  vein  or 
lode  claims,  and  the  survey  and  subdivision  of  placer  claims 
into  smaller  quantities  than  one  hundred  and  sixty  acres,  to- 
gether with  the  cost  of  publication  of  notices,  shall  be  paid  by 
the  applicants,  and  they  shall  be  at  liberty  to  obtain  the  same 
at  the  most  reasonable  rates,  and  they  shall  also  be  at  liberty 
to  employ  any  United  States  deputy  surveyor  to  make  the 


MINING  LAWS  OF  THE  UNITED  STATES  15 

survey.  The  commissioner  of  the  general  land  office  shall  also 
have  power  to  establish  the  maximum  charges  for  surveys  and 
publication  of  notices  under  this  chapter;  and,  in  case  of  ex- 
cessive charges  for  publication,  he  may  designate  any  news- 
paper published  in  a  land-district  where  mines  are  situated  for 
the  publication  of  mining-notices  in  such  district,  and  fix  the 
rates  to  be  charged  by  such  paper ;  and,  to  the  end  that  the  com- 
missioner may  be  fully  informed  on  the  subject,  each,  applicant 
shall  file  with  the  register  a  sworn  statement  of  all  charges  and 
fees  paid  by  such  applicant  for  publication  and  surveys,  to- 
gether with  all  fees  and  money  paid  the  register  and  receiver 
of  the  land  office,  which  statement  shall  be  transmitted,  with 
the  other  papers  in  the  case,  to  the  commissioner  of  the  general 
land  office.  (R.  S.) 

Sec.  2335.  (Verification  of  Affidavits,  etc.)  All  affidavits 
required  to  be  made  under  this  chapter  may  be  verified  before 
any  officer  authorized  to  administer  oaths  within  the  land- 
district  where  the  claims  may  be  situated,  and  all  testimony 
and  proofs  may  be  taken  before  any  such  officer,  and,  when 
duly  certified  by  the  officer  taking  the  same,  shall  have  the 
same  force  and  effect  as  if  taken  before  the  register  and 
receiver  of  the  land  office.  In  cases  of  contest  as  to  the  mineral 
or  agricultural  character  of  land,  the  testimony  and  proofs  may 
be  taken  as  herein  provided  or  personal  notice  of  at  least  ten 
days  to  the  opposing  party;  or  if  such  party  cannot  be  found, 
then  by  publication  of  at  least  once  a  week  for  thirty  days  in 
a  newspaper  to  be  designated  by  the  register  of  the  land  office 
as  published  nearest  to  the  location  of  such  land;  and  the  regis- 
ter shall  require  proof  that  such  notice  has  been  given.  (R.  S.) 
54  F.  R.  252 ;  44  F.  R.  800. 

Sec.  2336.  (Where  Veins  Intersect,  etc.)  Where  two  or 
more  veins  intersect  or  cross  each  other,  priority  of  title  shall 
govern,  and  such  prior  location  shall  be  entitled  to  all  ore  or 
mineral  contained  within  the  space  of  intersection ;  but  the  sub- 
sequent location  shall  have  the  right  of  way  through  the  space 
of  intersection  for  the  purpose  of  the  convenient  working  of 
the  mine.  And  where  two  or  more  veins  unite,  the  oldest  or 
prior  location  shall  take  the  vein  below  the  point  of  union,  in- 
cluding all  the  space  of  intersection.  (R.  S.) 

159  U.  S.  658 :  101  Cal.  358 ;  75  Cal.  78 ;  182  U.  S.  505 ;  27 
Colo.  16;  101  Cal.  361. 

Sec.  2337.  Where  non-mineral  land  not  contiguous  to  the 
vein  or  lode  is  used  or  occupied  by  the  proprietor  of  such  vein 
or  lode  for  mining  or  milling  purposes,  such  non-adjacent  sur- 
face ground  may  be  embraced  and  included  in  an  application 
for  a  patent  for  such  vein  or  lode,  and  the  same  may  be 


16  MINING  LAWS  OF  THE   UNITED  STATES 

patented  therewith,  subject  to  the  same  preliminary  require- 
ments as  to  survey  and  notice  as  are  applicable  to  veins  or 
lodes ;  but  no  location  hereafter  made  of  such  non-adjacent  land 
shall  exceed  five  acres,  and  payment  for  the  same  must  be  made 
at  the  same  rate  as  fixed  by  this  chapter  for  the  superficies  of 
the  lode.  The  owner  of  a  quartz  mill  or"  reduction  works,  not 
owner  of  a  mine  in  connection  therewith,  may-  also  receive  a 
patent  for  his  millsite,  as  provided  in  this  section. 

State  legislatures  may  pass  supplementary  laws. 

133  Cal.  637;  28  Colo.  367;  17  Nev.  460;  79  F.  R.  890. 

Sec.  2338.  As  a  condition  of  sale,  in  the  absence  of  neces- 
sary legislation  by  congress,  the  local  legislature  of  any  State 
or  Territory  may  provide  rules  for  working  mines,  involving 
easements,  drainage  and  other  necessary  means  to  their  com- 
plete development ;  and  those  conditions  shall  be  fully  ex- 
pressed in  the  patent. 

Ill  Cal.  577;  182  11  S.  500;  73  Cal.  484. 

Sec.  2339.     Whenever,  by  priority  of  possession,  rights  to 
the  use  of  wrater  for  mining,  agricultural,  manufacturing,  or 
other  purposes,  have  vested  and  accrued,   and  the  same  are 
recognized  and  acknowledged  by  the  local  customs,  laws  and 
the  decisions  of  courts,  the  possessors  ond  owners  of  such  vest- 
ed rights  shall  be  maintained  and  protected  in  the  same;  and 
the  right  of  way  for  the  construction  of  ditches  and  canals  for 
the  purposes  herein  specified  is  acknowledged  and  confirmed; 
but  whenever  any  person,  in  the  construction  of  any  ditch  or 
canal,  injures  or  damages  the  possession  of  any  settler  on  the 
public  domain,  the  party  committing  such  injury  or  damage 
shall  be  liable  to  the  party  injured  for  such  injury  or  damage. 
101  U.  S.  276;  174  U.  S.  704;  188  U.  S.  553;  175  U.  S.  571; 
50  Cal.  621;  26  Colo,  74;  133  Cal.  566;  39  Oregon  148; 
98  U.  S.  453. 

Sec.  2340.  All  patents  granted,  or  pre-empted  or  home- 
steads allowed,  shall  be  subject  to  any  vested  and  accrued 
water  rights,  or  rights  to  ditches  and  reservoirs  used  in  connec- 
tion with  such  water  rights,  as  may  have  been  acquired  under 
or  recognized  by  the  preceding  section. 

Sec.  2341.     Concerns  homesteads  upon  mineral  lands. 

Sec.  2346.  Exempts  mineral  lands  in  grants  to  corporations 
for  the  construction  of  railroads. 

CALIFORNIA  HYDRAULIC  MINING. 

For  provisions  of  an  Act  to  create  the  California  Debris  Com- 
mission and  regulate  Hydraulic  Mining  in  California. 

See  Act  of  Congress,  March  1,  1893,  ch.  183 ;  27  U.  S.  Stat. 
at  Large  507. 


MINING  LAWS  OF  THE  UNITED  STATES  17 

MINING  CLAIMS  IN  FOREST  RESEEVES. 

The  Congressional  act  of  June  4th,  1897,  provides  as  follows : 

"It  is  not  the  purpose  or  intent  of  these  provisions,  or  of  the 
act  providing  for  such  reservations,  to  authorize  the  inclusion 
therein  of  lands  more  valuable  for  the  mineral  therein,  or  for 
agricultural  purposes,  than  for  forest  purposes." 

And  in  the  same  act  it  is  provided : 

"Nor  shall  anything  herein  prohibit  any  person  from  enter, 
ing  upon  such  forest  reservations  for  all  proper  and  lawful  pur- 
poses, including  that  of  prospecting,  locating  and  developing 
the  mineral  resources  thereof ;  provided,  that  such  persons  com 
ply  with  the  rules  and  regulations  covering  such  forest  reserva- 
tions. ' ' 

The  act  provides  for  the  restoration  to  the  public  domain  of 
tracts  more  valuable  for  mining  or  agricultural  purposes,  and 
then  proceeds: 

"And  any  mineral  lands  in  any  forest  reservation  which  have 
been  or  may  be  shown  to  be  such  and  subject  to  entry  under  the 
existing  mining  laws  of  the  United  States  and  the  rules  and 
regulations  applying  thereto,  shall  continue  to  be  subject  to 
such  location  and  entry  notwithstanding  any  provisions  herein 
contained." 

Under  these  statutes  it  is  now  held  by  the  land  department 
that  the  forest  reserves  are  open  to  the  location  of  mining 
claims.  There  can  be  no  doubt  of  the  meaning  of  congress  upon 
this  subject.  Lands  within  forest  reserves  are  subject  to  the 
operation  of  the  mining  laws. 

MILL  SITES. 

See  Section  2337  R.  S.  Ante.  For  Statutory  provisions. 

Mill  sites  are  located  by  posting  notice  and  staking  by  a  sub- 
stantial post  or  stake  at  each  angle,  which  ordinary  prudence 
would  require  to  be  inscribed  with  the  name  of  the  mill  site  and 
the  number  of  the  corner.  There  are  no  Congressional  regula- 
tions of  the  details  of  such  location,  but  their  record  should 
conform  to  the  requirement  applicable  to  the  record  of  all 
classes  of  claims,  to-wit,  that  it  contain  a  sufficient  description 
by  reference  to  natural  objects  or  permanent  monuments;  which 
terms  of  the  statute  are  no  more  than  a  statement  of  what  is 
required  as  a  matter  of  course  without  such  statute.  In  other 
words,  where  any  record  whatsoever  is  essential  to  either 
original  claim  or  conveyance,  it  must  contain  a  description  suffi- 
cient to  identify  the  land  intended  to  be  desmribed." 


IS  MINING  LAWS  OF  THE  UNITED  STATES 

"Post  location  notice  at  some  conspicuous  point  on  the  claim, 
in  substance  as  follows : 

MILL  SITE  LOCATION  NOTICE. 

I  claim  the mill  site  ( 

feet by feet )  as  staked  on  this  ground. 

Date  of  location 

(signature) 


And  make  record  in  the  proper  county  of  the 
Location  Certificate  of  Mill  Site. 

To  all  whom  these  presents  may  concern:    Know  ye  that  I. 

of ,   do  hereby  declare     and 

publish  as  a  legal  notice  to  all  the  world  that  I  have  a  valid 
right  to  the  occupation,  possession  and  enjoyment  of  all  and 
singular  that  tract  or  parcel  of  land,  not  exceeding  five  acres, 

situate,  lying  and  being  in  the Mining 

district,  in  the  County  of .  .  . ,  in  the     State  of 

,  bounded  and  described  as  follows,  to-vnt :  The 

'Mill  site,  beginning  at  corner.  No  one 

from  which (description   continued)    to   the 

place  of  beginning. 

Together  with  all  and  singular  the  hereditaments  and  ap- 
purtenances thereunto  belonging  or  in  anywise  appertaining. 

Witness  my  hand  and  seal  this .day  of 

in  the  year  of  our  Lord  one  thousand  nine  hundred  and 

(signature)  (seal) 


State  of County  of — ss. 

Before  me,  the  subscriber,  a  notary  public  in  and  for  said 
county,  personally  appeared ,  to  me  .person- 
ally known  to  be  the  same  person  described  in,  and  who 
executed  the  within  Location  Certificate  of  Mill  Site,  and 
acknowledged  that  he  signed,  sealed  and  published  the  same 
as  his  free  and  voluntary  act  and  deed  for  the  uses  and  pur- 
poses therein  set  forth. 

Witness  my  hand  and  notarial  seal,  this day  of 

,  190 . . .  My  commission  expires 


(Seal)  Notary  Public. 

It  is  not  absolutely  necessary  that  the  fill  site  should  ba 
named  to  comply  with  the  law,  but  it  would  be  found  very  in- 
convenient not  to  do  so.  The  location  of  a  mill  site  should  be  fol- 


MINING  LAWS  OF  THE  UNITED  STATES  19 

lowed  by  occupancy  or  improvement.  (  10  Mining  Reports. 
377.) 

A  plot  of  ground  containing  five  acres  is  equal  to 
466.69x466.69  feet  is  square.  To  hold  land  as  a  mill  site  it  must 
be  non-mineral,  non-contiguous  to  the  lode  and  must  be  actual- 
ly used  or  kept  by  the  owner  for  mining  or  milling  purposes. 
It  may  be  used  for  boarding  houses  for  miners,  for  ore  houses 
as  well  as  for  mining  machinery. 

The  following  uses  will  hold  a  mill  site. 

1.  Building  thereon  a  pumping  plant  to  carry  water  to  the 
mine. 

2.  Storing  water  thereon  to  use  at  the  mine. 

3.  Using  the  land  .to  store  ore  or  tailings. 

4.  Placing  boarding  houses  or  shops  thereon  for  workmen. 

5.  Use  as  a  ware-house  for  storing  tools. 

A  mill  site  can  not  be  patented  to  obtain  title  to  water  claim 
or  for  the  timber  that  is  on  it. 

$500.00  labor  on  a  lode  claim  is  sufficient  to  patent  both  lode 
and  mill  site  if  mill  site  is  actually  used  and  occupied. 

COAL  LANDS. 

Sec.  2347.  (Entry  of  Coal  Lands.)  Every  person  above 
the  age  of  twenty-one  years,  who  is  a  citizen  of  the  United 
States,  or  who  has  declared  his  intention  to  become  such,  or 
any  association  of  persons  severally  qualified  as-,  above,  shall, 
upon  application  to  the  register  of  the  proper  land  office,  have 
the  right  to  enter,  by  legal  subdivisions,  any  quantity  of  vacant 
coal  lands  of  the  United  States  not  otherwise  appropriated  or 
reserved  by  competent  authority,  not  exceeding  one  hundred 
and  sixty  acres  to  such  individual  person,  or  three  hundred 
and  twenty  acres  to  such  association,  upon  payment  to  the 
receiver  of  not  less  than  ten  dollars  per  acre  for  such  lands, 
where  the  same  shall  be  situated  more  than  fifteen  miles  from 
any  completed  railroad,  and  not  less  than  twenty  dollars 
per  acre  for  such  lands  as  shall  be  within  fifteen  miles  of  such 
road.  (R,  S.) 

123  U.  S.  325 ;  137  U.  S.  169. 

Sec.  2348.  (Pre-emption  of  Coal  Lands.)  Any  'person  or 
association  of  persons  severally  qualified,  as  above  provided, 
who  have  opened  and  improved,  or  shall  hereafter  open  and 
improve,  any  coal  mine  or  mines  upon  the  public  lands,  and 
shall  be  in  actual  possession  of  the  same,  shall  be  entitled 
to  a  preference-right  of  entry,  under  the  preceding  section,  of 
the  mines  so  opened  and  improved.  Provided,  That  when  any 
association  of  not  less  than  four  persons,  severally  qualified  as 
above  provided,  shall  have  expended  not  less  than  five  thou- 


20  MINING  LAWS  OF  THE  UNITED  STATES 

sand  dollars  in  working  and  improving  any  such  mine  or 
mines,  such  association  may  enter  not  exceeding  six  hundred 
and  forty  acres,  including  such  mining  improvements.  (R.  S). 
Pre-emption  Claims  of  Coal-Land  to  be  Presented  Within  Sixty 

Days,  etc. 

Sec.  2349.  All  claims  under  the  preceding  section  must  be 
presented  to  the  register  of  the  proper v  land  district  within 
sixty  days  after  the  date  of  actual  possession  and  the  com- 
mencement of  improvements  on  the  land,  by  the  filing  of  a  de- 
claratory statement  therefor;  but  when  the  township  plat  is 
not  on  file  at  the  date  of  such  improvement,  filing  must  be 
made  within  sixty  days  from  the  receipt  of  such  plat  at  the  dis- 
trict office ;  and  where  the  improvements  shall  have  been  made 
prior  to  the  expiration  of  three  months  from  the  third  day  of 
March,  eighteen  hundred  and  seventy-three,  sixty  days  from 
the  expiration  of  such  three  months  shall  be  allowed  for  the 
filing  of  a  declaratory  statement,  and  no  sale  under  the  provis- 
ions of  this  section  shall  be  allowed  until  the  expiration  of  six 
months  from  the  third  day  of  March,  eighteen  hundred  and  sev- 
enty-three. (R.  S.) 
123  U.  S.  313. 

Only  One  Entry  Allowed. 

Sec.  2350.  The  three  preceding  sections  shall  be  held  to 
authorize  only  one  entry  by  the  same  person  or  association  of 
persons;  and  no  association  of  persons  ,  any  member  of  which 
shall  have  taken  the  benefit  of  such  sections,  either  as  an  in- 
dividual or  as  a  member  of  any  other  association,  shall  enter  or 
hold  any  other  lands  under  the  provisions  thereof ;  and  no  mem- 
ber of  any  association  which  shall  have  taken  the  benefit  of 
such  sections  shall  enter  or  hold  any  other  lands  under  their 
provisions;  and  all  persons  claiming  under  section  twenty- 
three  hundred  and  forty-eight  shall  be  required  to  prove  their 
respective  rights  and  pay  for  the  lands  filed  upon  within  one 
year  from  the  time  prescribed  for  filing  their  respective  claims; 
and  upon  failure  to  file  the  proper  notice,  or  to  pay  for  the  land 
within  the  required  period,  the  same  shall  be  subject  to  entry 
by  any  other  qualified  applicant.  (R.  S.) 

Conflicting  Claims. 

Sec.  2351.  In  case  of  conflicting  claims  upon  coal-lands, 
where  the  improvements  shall  be  commenced,  after  the  third 
day  of  March,  eighteen  hundred  and  seventy-three,  priority  of 
possession  and  improvement,  followed  by  proper  filing  and  con- 
tinued good  faith,  shall  determine  the  preference-right  to 
purchase.  And  also  where  improvements  have  already  been 
made  prior  to  the  third  day  of  March,  eighteen  hundred  and 


MINING  LAWS  OF  THE  UNITED  STATES  21 

seventy-three,  division  of  the  land  claimed  may  be  made  by 
legal  subdivisions,  to  include,  as  near1  as  may  be,  the  valuable 
improvements  of  the  respective  parties.  The  commissioner  of 
the  general  land  office  is  authorized  to  issue  all  needful  rules 
and  regulations  for  carrying  into  effect  the  provisions  of  this 
and  the  four  preceding  sections. 

80  F.  R.  429 ;  44  F.  R.  800. 

Note. — Call  at  local  U.  S.  land  office,  or  write  to  "Commis- 
sioner General  Land  Office,  Washington,  D.  C."  for  pamphlet 
on  proceeding  and  forms  to  enter  Coal  Lands  or  for  Land 
Office  Rules  and  Regulations  on  U.  S.  Mining  Statutes. 

TUNNEL  SITES. 

(For  Law  on  Tunnel  Rights,  See  Sections  2323,  2324.) 

LOCATION  CERTIFICATE  OF  TUNNEL. 
To  All  Whom  These  Presents  May  Concern: 

Know  ye,  that  I, ,  a  citizen  of  the 

United  States,  of ,  county  of , 

state  of ,  do  hereby  declare  and  publish 

as  a  legal  notice  to  all  the  world  that  I  have  a  valid  right  to  the 
occupancy,  possession  and  enjoyment  of  the  Tunnel  and  Tunnel 

Site,  located ,  A.  D.  19 . . ,  for  the  discovery  of 

mines  and  the  development  of  lodes,  and  situate  in  .  ., 

mining     district,    county,  state  of 

,  described  as  follows,  to-wit : 

Mouth  of  tunnel  situate 

Size  of  tunnel  

Course  of  tunnel,  from  its  mouth 

which  last  four-mentioned  stakes  are  at  the  exterior  corners  of 
the  claim  of  said  tunnel  site. 

And  I  claim  for  line  of  tunnel  feet  on 

each  side  of  the  center  of  the  bore  or  course  of  the  tunnel,  and 
the  right  to  all  lodes  which  may  be  discovered  in  the  due  prose- 
cution of  said  tunnel  within feet  on  either 

side  of.  the  center  of  said  line. 

I  also  claim  a  square  tract  of  land  125  feet  on  each  side  of 
the  mouth  of  tunnel  and  extending feet  im- 
mediately below  the  mouth  of  the  tunnel,  as  staked  upon  the 
ground,  fort  dumping  purposes. 

Together  with  all  and  singular  the  hereditaments  and  appur- 
tenances thereunto  belonging  or  in  any  wise  appertaining,  and 
all  rights  granted  to  the  locator  as  tunnel  rights  under  the 
terms  of  section  2323  of  the  Revised  Statutes  of  the  United 
States. 

Witness    my    hand  and  seal,    this day    of 

,  A.D.  190... 


22  MINING  LAWS  OF  THE  UNITED  STATES 

State  of ,    )  « 

County  of j    K 

Before  me,  the  subscriber,  a  notary  public  in  and  for  said 

county,  personally  appeared  , 

to  me  personally  known  to  be  the  same  person  described  in  and 
who  executed  the  within  declaration  of  occupation  and  acknowl- 
edged that  he  signed,  sealed  and  published  the  same  as  his 
free  and  voluntary  act  and  deed  for  the  uses  anl  purposes 
therein  set  forth. 

Witness  my  hand  and  notarial  seal  this day  of 

.,  A.D.  190... 


Notary  Public. 

State  of , 

County  of 

,  of  the  county  of 

state  of ,  being  first  duly  sworn  ac- 
cording to  law,  deposes  and  says:  That  he  is  a  citizen  of  the 
United  States,  over  the  age  of  twenty-one  years ;  that  he  is  the 
owner  by  pre-emption,  location  and  occupation  of  the  foregoing 
tunnel  site,  the  said  tunnel  being  prosecuted  for  the  develop- 
ment of  lodes  belonging  to  said  affiant ;  also  for  the  discovery  of 
other  lodes ;  affiant  further  says  that  he  has  expended  in  actual 

work  and  improvements  on  said  tunnel  not  less  than 

dollars,  and  that  said  tunnel  has  been  already 

run  the  distance  of feet,  and  that 

it  is  bona  fide  his  intention  to  prosecute  work  on  said  tunnel  so 
located  and  described  with  reasonable  diligence  for  the  pur- 
poses therein  set  forth. 


Subscribed  and  sworn  to  before  me,  this day 

of ,  A.D.  190... 


Notary  Public. 
Also  place  at  mouth  of  tunnel  the  following : 

LOCATION  NOTICE. 

The ,  Tunnel  and  Tunnel  Site, 

located  this  day  of , , 

by 

Course 

Height  of  tunnel feet ;  width, 

. . . : feet. 


I  claim  all  lodes  to  be  discovered  in  this  tunnel,  and  not 
previously  known  to  exist  within  1500  feet  on  each  side  of 
tunnel,  as  staked  on  the  ground. 


MINING  LAWS  OF  THE  UNITED  STATES  23 

I  also  claim  a  dump * feet  square,  as 

staked. 
Dated  . 


FORFEITURE  TO  CO-OWNER. 

(For  Law  on  this  subject,  see  Section  2324). 

NOTICE  OF  FORFEITURE. 
To   : 

You  are  hereby  notified  that  I,  the  undersigned,  have  expend- 
ed during  the  year  .  . .  . ,  the  sum  of hundred 

dollars,  in  labor  and  improvements  on  the  following  described 
mining  claims,  being  one  hundred  dollars  worth  of  labor  and 
improvements  on  each  of  the  following  named  mining  claims, 
to-wit :  Those certain  mining  claims,  situ- 
ated in  the mining  district, 

county,  state  of ,  known  and  described  as 

follows : 

\  .  .  mining  claim,  according  to  lo- 
cation notice  thereof,  recorded  in  Book  of  Mining 

Records,  page  Records  of county, 

state  of  

(Follow  with  description  of  remaining  claims,  as  above). 

That  said  work  was  done  and  improvements  made  on  said 

claims  during  the  year ,  in!  order  to  hold  the  said  claims 

under  the  provisions  of  Section  2324  of  the  Revised  Statutes  of 
the  United  States,  and  the  amendments  thereto,  and  the  laws 

of  the  state  of .' . ,  concerning  annual  labor 

to  be  done  on  mining  claims. 

That  there  is  due  from  you  to  the  undersigned  the  sum  of 

hundred  dollars  on  account  of  your  share 

of  the  said hundred  dollars  expended  for 

annual  labor  on  the  said  mining  claims  during  the  year , 

and 

You  are  hereby  notified  by  the  undersigned  that  if  within 
ninety  days  from  the  personal  service  of  this  notice  upon  you, 
or  within  ninety  days  after  the  service  of  this  notice  upon  you 
by  publication,  you  fail,  refuse  or  neglect  to  contribute  your 

portion  of  such  expenditure,  to-wit :  the  sum  of 

hundred  dollars  to  the  undersigned,  your  interest  in  said  min- 
ing claims  will  become  the  property  of  the  undersigned,  your 
co-owner,  in  accordance  with  the  law  in  such  cases  made  and 
provided. 

Dated state  of June  . . . . , 

19.. 


24  MINING  LAWS  OF  THE  UNITED  STATES 

PROOF  OF  SERVICE  OF  NOTICE  PERSONALLY. 

State  of  j 

County  of )  ss- 

,    being    duly    sworn,    says, 

that  he  served  the  within  and  foregoing  forfeiture  notice  upon 

,  the  delinquent  co-owner  therein  named, 

upon  the day  of ,  A.  D ,  at  said  county 

of ,  by  delivering  to  the  said , 

a  true  copy  of  the  said  notice,  and  explaining  the  contents 

thereof,  and  that  the  said  wholly  failed  to 

comply  with  the  demand  contained  in  said  notice,  or  to  pay 
or  tender  his  proportion  of  said  expenditures  during  the  period 
of  ninety  days  after  said  date,  or  at  any  time  since  hitherto. 


(To  be  sworn  to  before  Notary  Public). 
PUBLISHER'S  PROOF  OF  FORFEITURE. 

State  of  

County  of 

(Copy  of  above  notice  attached). 

,  being  duly  sworn,  saith,  that  he  is 

the  publisher  of  the  ,  a  weekly  news- 
paper, published  in  said  county,  and  that  said 

is  the  newspaper  published  nearest  to  said 

Lode  Claim,  and  that  the  above  notice  was  published  in  said 
paper  fourteen  successive  weeks,  the  first  publication  appear- 
ing in  the  issue  of , ,  and  the  last  pub- 
lication in  the  issue  of . . 


(To  be  sworn  to  before  Notary  Public). 
AFFIDAVIT  OF  NON-PAYMENT. 

State  of  ) 

County  of j  ss- 

,   being   duly  sworn,   saith, 

that ,  the  person  named  in  the 

forfeiture  notice  attached  to  the  within  proof  of  publication, 
wholly  failed  to  comply  with  the  demand  contained  in  said 
notice  or  to  pay  or  tender  his  proportion  of  said  expenditures, 
during  the  period  of  said  notice  or  within  ninety  days  there- 
after, or  at  any  time. 


(To  be  sworn  to  before  Notary  Public). 


The  Calkins  Co. 


348  N.  Main  St. 

Los  Angeles,  Cal. 


Everything   for  the   Assayer  and  Chemist 


"Advance"  Combination  Crucible  and 
Muffle  Furnace  No.  10 

10  Melts  and  18  Cupellations  Simultaneously 


Balances,     Chemists      Glassware,      Crushers, 

Grinders,  Furnaces,  Crucibles, 
Hydrocarbon  Burners,  Acids,  Chemicals. 

POTASSIUM  CYANIDE 

and 

ZINC  SHAVINGS. 


ARIZONA  MINING  LAWS 

(See  also  U.  S.   Mining  Laws.) 


Sees.  1772,  1773,  1774,  1775  and  1776  provides  for  summary 
sales  of  mining  claims  and  interests  therein  belonging  to  es- 
tates by  order  of  Probate  Court. 

Sees.  2013,  2014,  2015,  2016  and  2017,  provide  for  optional 
sales  on  mines  by  guardians,  etc. 

Sec.  2746  provides  that  injunctions  against  working  mines 
shall  only  be  granted  upon  notice. 

2904.  All  miners,  laborers  and  others  who  may  labor,  and 
all  persons  who  may  furnish  material  of  any  kind  designed  or 
used  in  or  upon  any  mine  or  mining  claim,  and  to  whom  any 
sum  is  due  for  such  labor  or  material  shall  have  a  lien  upon  the 
same  for  such  sums  as  are  unpaid. 

2  Ariz.  326;  4  Ariz.  200;  7  Ariz.  258;  7  Ariz.  399. 

3231.  (Section  1.)     On  the  discovery  of  mineral  in  place  on 
the  public  domain  of  the  United  States,  the  same  may  be  lo- 
cated as  a  mining  claim  by  the  discoverer  for  himself,  or  for 
himself  and  others,  or  for  others. 

Citizenship — 5  Ariz.  152 ;  3  Ariz.  6 ;  6  Ariz.  323. 
Location  by  Agent — 1  Ariz.  99. 
Local  Laws  of  Miners^— 1  Ariz.  99 ;  1  Ariz.  493. 
Possession — 1  Ariz.  404 ;  3  Ariz.  6. 

3232.  (Sec.  2.)     Such  location  shall  be  made  by  erecting  af 
or  contiguous  to  the  point  of  discovery  a  conspicuous  monu- 
ment of  stones  not  less  than  three  feet  in  height,  or  an  upright 
post,  securely  fixed,  projecting  at  least  four  feet  above  the 
ground,  in  which  monument  of  stones  or  on  which  post  there 
shall  be  posted  a  location  notice,  which  shall  ha  signed  by  the 
name  or  names  of  the  locator  or  locators.    The  location  notice 
must  contain : 

1.     The  name  of  the  claim  located. 
'    2.     The  name  or  names  of  the  locators. 

3.  The  date  of  the  locations. 

4.  The  length  and  width  of  the  claim  in  feet,  and  the  dis- 
tance in  feet  from  the  point  of  discovery  to  each  end  of  the 
claim. 

5.  The  general  course  of  the  claim. 

6.  The  locality  of  the  claim  with  reference  to  some  natural 
object  or  permanent  monument  whereby  the  claim  can  be  iden- 
tified. 


MINING  LAWS  OF  AEIZONA  27 

What  Claim  Includes— 1  Ariz.  426;  4  Ariz.  34;  7  Ariz.  95. 
Location  Notice  and  Amendment)— 2  Ariz.  272;  4  Ariz.  34; 

3  Ariz.  6 ;  6  Ariz.  79 ;  6  Ariz.  55 ;  6  Ariz.  623 ;  6  Ariz.  263 ; 

7  Ariz.  95. 
Relocation — 2  Ariz.  347;  2  Ariz.  326;  6  Ariz.  55. 

3233.  (Sec.  3.)     Until  each  and  all  of  the  above  specified 
things  shall  have  been  done,  no  right  thereto  shall  have  been 
acquired. 

3234.  (Sec.  4.)     From  the  time  of  the  location  of  a  mining 
claim,  as  above  specified,  the  locator  shall  be  allowed  ninety 
days  within  which  to  do  or  cause  to  be  done     the  following 
things : 

1.  To  cause  to  be  recorded  in  the  office  of  the  county  record- 
er of  the  county  in  which  the  claim  is  situated  a  copy  of  the  lo- 
cation notice. 

2.  To  sink  a  discovery  shaft  in  the  claim  to  a  depth  of  at 
least  ten  feet  from  the  lowest  part  of  the  rim  of  the  shaft  at  the 
surface,  and  deeper,  if  necessary,  until  there  is  disclosed  in  said 
shaft  mineral  in  place. 

3.  To  monument  the  claim  on  the  ground  so  that  its  bound- 
aries can  be  easily  traced. 

Location  Work— 2  Ariz.  407. 

Recording  Notice — 1  Ariz.  493 ;  3  Ariz.  6 ;  6  Ariz.  55. 

3235.  (Sec.  5.)     The  failure  to  do  all  the  things  enumerated 
in  this  section  in  the    time  and  place  specified  shall  be  con- 
strued into  an  abandonment  of  the  claim,  and  all  right  and 
claim  thereto  of  the  discoverer  and  locator  shall  be  forfeited. 

3236.  (Sec.  6.)     Such  surface  boundary  shall  be  marked  by 
six  substantial  posts  projecting  at  least  four  feet  above  the  sur- 
face of  the  ground,  or  by  substantial  stone  monuments  at  least 
three  feet  high,  to-wit :     One  at  each  corner  of  said  claim  and 
one  at  the  center  of  each  end  line  thereof. 

3237.  (Sec.  7.)    Any  open  cut,  adit  or  tunnel  which  shall  be 
made  as  above  provided  for,  as  a  part  of  the  location  of  a  lode 
mining  claim,  and  which  shall  be  equal  in  amount  of  work 
to  a  shaft  ten  feet  deep  and  four  feet  wide  by  six  feet  long,  and 
which  shall  cut  a  lode  or  mineral  in  place  at  a  depth  of  ten  feet 
from  the  surface,  shall  be  equivalent,  as  a  discovery  work,  to  a 
shaft  sunk  from  the  surface. 

3238.  (Sec.  8.)     Location  notices  may  be  amended  at  any 
time  and  the  monuments  changed  to     correspond     with     the 

-  amended  location ;  PROVIDED,  That  no  change  shall  be  made 
that  will  interfere  with  the  rights  of  others. 

3239.  (Sec.  9.)     The  amount  of  assessment  or  representa- 


28  MINING  LAWS  OF  ARIZONA 

tion  work  or  improvements  to  be  done  or  made  during  each 
year,  after  the  completion  ofthe  location  as  heretofore  provided, 
and  the  time  for  doing  the  same,  shall  be  as  provided  by  the 
laws  of  the  United  States. 

2  Ariz.  407 ;  6  Ariz.  55 ;  6  Ariz.  623. 

3240.  (Sec.  10.)     Within  three  months  after  the  expiration 
of  the  period  of  time  fixed  for  the  performance  of  annual  labor 
or  the  making  of  improvements  upan  any  mining  claim,  the 
person  on  whose  behalf  such  work  or  improvement  was  made, 
or  some  person  for  him  knowing  the    facts,  may    make     and 
record  in  the  office  of  the  county  recorder  of  the  county  where- 
in such  claim  is  situated,  an  affidavit,  in  substance  as  f ollows : 

Territory  of  Arizona,  County  of — ss. 

,  being  duly  sworn,  deposes 

and  says  that  he  is  a  citizen  of  the  United  States  and  more  than 

twenty-one  years  of  age,  resides  at in 

County,  Arizona  Territory,  and  is  personally  acquainted  with 

the  mining  claim  known  as mining 

claim,  situated  in mining  district,  Ari- 
zona Territory,  the  location  notice  of  which  is  recorded  in  the 

office  of  the  County  Recorder  of  said  county,  in  book oc 

Records  of  Mines,  at  page That  between  the 

day  of A.  D ,  and  the  day  of 

A.  D ,  at  least dollars' 

worth  of  work  and  improvements  were  done  and  performed 
upon  said  claim,  not  including  the  location  work  of  said  claim. 
Such  work  and  improvements  were  made  by  and  at  the  expense 

of ,  owners  of  said 

claim,  for  the  purpose  of  complying  with  the  laws  of  the  United 
States  pertaining  to  assessments  of  annual  work,  and   (here 
name  the  miners  or  men  woh  worked  upon  the  claim  in  doing 
the  work)   were  the  men  employed  by  said  owner  and  who 
labored  upon  said  claim,  did  said  work  and  improvements,  the 
same  being  as  follows,  to-wit:    Here  describe  the  work  done.) 

Signature 

Subscribed  and  sworn  to  before  me  this. . .  .day  of 

A.  D 

My  commission  as  Notary  Public  expires  on  the day  of 

A.  D 

(Notarial  Seal.)  

Notary  Public. 

3241.  (Sec.  11.)     Such  affidavit,  when  so  recorded,  shall  be 
prima  facie  evidence  of  the  performance  of  such  labor  or  the 
making  of  such  improvements,  and  said  original  affidavit,  after 


MINING  LAWS  OF  ARIZONA  29 

it  has  been  recorded,  or  a  certified  copy  thereof,  or  the  record 
thereof,  shall  be  received  as  evidence  accordingly  by  the  courts 
of  this  Territory.  The  location  of  an  abandoned  or  forfeited 
claim  shall  be  made  in  accordance  with  the  provisions  of  para- 
graph 3232  (Sec.  2.),  of  Title  47,  Chapter  XL VII,  of  the  Revised 
Statutes  of  Arizona,  1901,  except  that  the  relocator  may,  if  he 
so  elect,  perform  his  location  work  by  sinking  the  original 
location  shaft  ten  feet  deeper  than  it  was  originally,  or  in 
case  the  original  location  work  consisted  of  a  tunnel  or  open 
cut,  he  may  perform  his  location  work  by  extending  said  tun- 
nel or  open  cut  by  removing  therefrom  240  cubic  feet  of  rock 
or  vein  material. 
The  above  section  is  as  amended  March  12,  1907. 

Abandonment  and  Forfeiture — 1  Ariz.  493;  6  Ariz.  55;  6 
Ariz.  323 ;  6  Ariz.  103 ;  6  Ariz.  263. 

Relocation — 2  Ariz.  347 ;  2  Ariz.  326 ;  6  Ariz.  55. 

3242.  (Sec.  12.)    The  locator  of  a  placer  mining  claim  shall 
•  locate  his  claim  in  the  following  manner:    By  posting  a  loca- 
tion notice  thereon  containing  the  name  of  the  claim,  the  name 
of  the  locator  or  locators,  the  date  of  location  and  the  number 
of  acres  claimed,  a  description  of  the  claim  with  reference  to 
some  natural  object  or  permanent  monument  that  will  identify 
the  claim  by  marking  the  boundaries  of  his  claim  with  a  post 
or  monument  of  stones  at  each  angle  of  the  claim     located. 
When  a  post  is  used  it  must  be  at  least  four  inches  thick  by  four 
feet  six  inches  in  length,  set  one  foot  in  the  ground  and  siiP' 
rounded  by  a  mound  of  stone  or  earth. 

3243.  (Sec.  13.)     Where  it  is  practically  impossible  on  ac- 
count of  a  bed  rock  or  precipitous  ground  to  sink  such  posts, 
they  may  be  placed  in  a  pile  of  stones.    And  if  for  any  reason 
it  is  impossible  to  erect  and  maintain  a  post  or  monument  of 
ktone  at  any  angle  of  such  claim,  a  witness  post  or  monument, 
may  be  used,  said  witness  monument  to  be  placed  as  near  the 
true  corner  as  the  nature  of  the  ground  will  permit.    When  a 
mound  of  stone  is  used,  it  must  be  at  least  three  feet  in  height 
and  four  feet  in  diameter  at  the  base. 

3244.  (Sec.  14.)    The  locator  of  any  placer  claim  shall,  with- 
in sixty  days  after  the  date  of  location  of  such  claim,  have  a 
copy  of  the  location  notice  claim  recorded  in  the  office  of  the 
county  recorder  of  the  county  in  which  said  placer  claim  may 
be  situated.  Any  record  of  the  location  of  a  placer  mining  claim 
which  shall  not  contain  all  the  requirements  of  this  section  shall 
Joe  void. 

3245.  (Sec.  15.)     Whenever  a  co-owner  or  co-owners  shall 


30  MINING  LAWS  OF  AEIZONA 

give  to  a  delinquent  co-owner  or  co-owners  the  notice  in  writing 
or  notice  by  publication  provided  for  in  section  twenty-three 
hundred  and  twenty-four  (2324)  of  the  Revised  Statues  of  the 
United  States,  an  affidavit  of  the  persons  giving  such  notice, 
stating  the  time,  place,  manner  of  service,  and  by  whom  and 
upon  whom  such  service  was  made,  shall  be  attached  to  a  true 
copy  of  such  notice,  and  such  notice  and  affidavit  must  be  re- 
corded in  the  office  of  the  county  recorder  of  the  county  in 
which  the  mining  claim  is  situate  within  ninety  (90)  days  after 
giving  the  notice ;  or,  if  such  notice  is  given  by  publication  in  a 
newspaper,  there  shall  be  attached  to  a  printed  copy  of  a  such 
notice  an  affiadavit  of  the  editor,  publisher  or  foreman  of  such 
paper,  stating  the  date  of  the  first,  last  and  each  insertion  of 
such  notice  therein,  and  when  and  where  the  newspaper  was 
published  during  that  time  and  the  name  of  such  newspaper. 
Such  affidavit  and  notice  shall  be  recorded  as  aforesaid  within 
one  hundred  and  eighty  days  after  the  first  publication  thereof. 
194  U.  S.  248 ;  150  U.  S.  585. 

3246.  (Sec.  16.)     The  original  of  such  notice  and  affidavits, 
or  the  records  thereof,  shall  be  evidence  that  the  delinquent 
mentioned  in  Section  2324  has  failed  or  refused  to  contribute 
his  proportion  of  the  expenditure  required  by  that  section,  and 
of  the  services  of  publication  of  said  notice;  Provided,  The 
writing  affidavit  hereinafter  provided  for  is  not  of  record. 

3247.  (Sec.  17.)    If  such  delinquent  shall,  within  the  ninety 
days  required  by  Section  2324  aforesaid,  contribute  to  his  co- 
owner  or  co-owners  his  proportion  of  such  expenditures,  such 
co-owners  shall  sign  and  deliver  to  the  delinquent,  or  delin- 
quents a  writing,  stating  that  the  delinquent  or  delinquents,  by 
name,  has,  within  the  time  required  by  Section  2324  of  the 
Revised  Statutes  of  the  United  States,  contributed  his  share  for 

the  year upon  the mine,  and  further  stating 

therein  the  districts,  county  and  territory  wherein  the  same  is 
situate,  and  the  book  and  page  where  the  location  notice  is  re- 
corded.    Such  writing  shall  be  recorded  in  the  office  of  the 
county  recorder  of  said  county. 

3248.  (Sec.  18.)     If  such  co-owner  or  co-owners  shall  fail  to 
sign  and  deliver  such  writing  to  the  delinquent  or  delinquents 
within  twenty  days  after  such  contribution,  the  co-owner  or  co- 
owners,  so  failing  as  aforesaid,  shall  be  liable  to  a  penalty  of 
one  hundred  dollars,  to  be  recovered  by  any  person  for  the  use 
of  the  delinquent  or  delinquents  in  any  court  of  competent  jur- 
isdiction.   If  such  co-owner  or  co-owners  fail  to  deliver  such 
writing  within  said  twenty  days,  then  the  delinqeunt,  with  two 


MINING  LAWS  OF  ARIZONA  31 

disinterested  persons  having  personal  knowledge  of  such  con- 
tribution, may  make  an  affidavit,  setting  forth  in  what  manner, 
the  amount  of,  to  whom  and  upon  what  mine  such  contribution 
was  made.  Such  affidavit  or  a  record  thereof,  in  the  office  of 
the  county  recorder  of  the  county  in  which  said  mine  is  situate, 
shall  be  prima  facie  evidence  of  such  contribution. 

3249.  (Sec.  19.)     In  all  actions,  judgments,  grants  or  con- 
veyances it  shall  be  a  sufficient  description  of  a  mining  claim  if 
it  can  be  intelligently  learned  therefrom  the  name  of  the  claim, 
the  district,  county  and  territory  where  it  is  situate,  and  the 
book  and  page  where  the  location  notice  thereof  is  recorded. 

Sales — 6  Ariz.  103 ;  7  Ariz.  258. 
Leases — 7  Ariz.  399. 

3250.  (Sec.  20.)     The  county  recorders  of  the  several  coun- 
ties are  authorized  and  required  to  procure  suitable  books  in 
which  the  records  of  all  mines  and  mineral  deposits  shall  be 
kept,  which  said  books  shall  be  paid  for  out  of  the  county  treas- 
ury. 

3251.  (Sec.  21.)     Nothing  in  this  act  shall  be  so  construed 
as  to  effect  the  claims  to  mines  and  mineral  deposits  heretofore 
located  and  duly  recorded. 

Sees.  3252,  3253,  3254,  3255,  3256  and  3257  provide  for  joint 
drainage  of  adjoining  mines  by  different  owners. 

3258.  (Sec.  28.)     The  regents  of  the  University  of  Arizona 
shall  charge  for  assaying  ores  taken  from  deposits  and  mines 
within  the  territory  of  Arizona  no  higher  rate  than  one  dollar 
for  each  assay  producing  gold  and  silver,  and  two  dollars  for 
assays  producing  gold,  silver  and  copper,  and  two  dollars  and 
fifty  cents  for  assaying  ores  showing  more  than  three  metals; 
and  the  maximum  rate  for  an  assay  shall  be  two  dollars  and 
fifty  cents  and  the  minimum  rate  for  an  assay  shall  be  one 
dollar. 

3259.  (Sec.  29.)     There  shall  be  a  uniform  fee  of  one  dol- 
lar charged  by  each  county  recorder  in  the  territory  of  Ariz- 
ona for  recording  each  notice  of  location  of  a  mining  claim, 
including  certificate  of  work  done  to  comply  with  the  law  re- 
garding locations,  the  said  one  dollar  to  be  in  full  for  filing, 
recording  and  indexing  said  notice  and  certificate  and  certify- 
ing to  the  same  under  seal. 

ARIZONA    FORM  OF  LOCATION  NOTICE. 
NOTICE  OF  MINING  LOCATION 

Lode  Claim 
To  All  Whom  It  May  Concern : 

This  mining  claim,  the  name  of  which  is  the   mining 

claim,  situate  on  lands  belonging  to  the  United  States  of  Amer- 


32  MINING  LAWS  OF  AEIZONA 

ica,  and  in  which  there  are  valuable  mineral  deposits,  was  en- 
tered upon  and  located  for  the  purposes  of  exploration  and 

purchase  by (  Locator  must  insert  either  ' '  a 

citizen  of  the  United  States,"  or,  "who  has  declared  his  inten- 
tion to  become  a  citizen  of  the  United  States.")  the  under- 
signed, on  the day  of N 190. . 

The  length  of  this  claim  is feet,  and 

claim feet,  in  a direction  and 

feet  in  a direction  from  the  center  of  the 

discovery  shaft,  at  which  this  notice  is  posted,  lengthwise  of  the 

claim,  together  with feet  in  width  of  the  surface 

grounds,  on  each  side  of  the  center  of  said  claim.  The  general 

course  of  the  lode  deposit  and  premises  is  from  the to 

the 

The  claim  is  situated  and  located  in  the mining 

district,  in County,  in  the  Territory  of  Arizona, 

about in  a  direction  from 

The  surface  boundaries  of  the  claim  are  marked  upon  the 

ground  as  follows :  Beginning  at at  a  point  in  a 

direction feet  from  th  ediscovery 

shaft  (at  which  this  notice  is  posted,)  being  in  the  center  of  the 

end  line  of  said  claim ;  thence 

feet  to  a ,  being  the corner  of  said 

claim ;  thence feet  to  a being  at  the . . 

corner  of  said  claim ;  thence feet  to 

a at  the  center  of  the end  of  said 

claim ;  thence feet  to  a ,  being  at  the 

corner  of  said  claim ;  thence feet  to  a 

at  the corner  of  said  claim ; 

thence feet  to  the  place  of  beginning. 

All  done  under  the  provisions  of  Chapter  Six,  of  Title 
XXXII,  of  the  Revised  Statutes  of  the  United  States,  and  of  an 
act  of  the  general  assembly  of  Arizona,  entitled  "An  act  to  Re- 
vise and  Codify  the  Laws  of  the  Territory  of  Arizona,"  ap- 
proved March  16,  1901. 

Dated  and  posted  on  the  ground  this day  of 

..190.. 


Witness 


MINING  LAWS  OF  AEIZONA 


End 
Monument 


If 
3J'- 


it 


End 
Monument 


This  diagram  is  to  give  locator  a  general  idea  of  plan  of 
location  under  the  new  law.  The  Discovery  Shaft  caii  be  in 
the  center  of  claim  or  any  distance  from  either  end  desired.  In 
the  diagram  it  is  placed  500  feet  from  one  end  and  1000  feet 
from  the  other.  Commence  description  of  claim  at  a  center 
end  monument,  giving  its  distance  and  direction  from  center  of 
Discovery  Shaft;  thence  bound  the  claim  in  either  direction. 
In  description  be  careful  to  state  locality  of  claim  with  refer- 
"ence  to  some  natural  object,  or  permanent  monument,  as  will 
identifv  the  claim. 


34  MINING  LAWS  OF  AEIZONA 

ARIZONA. 

AFFIDAVIT  OF  LABOR  PERFORMED    AND    IMPROVE- 
MENTS  MADE. 

Territory  of  Arizona, 

County  of — ss. 

,  being  duly  sworn,  deposes  and 

says  that  he  is  a  citizen  of  the  United  States  and  more  than 

twenty-one  years  of  age,  and  resides  at in 

County,  Arizona  Territory,  and  is  personally 

acquainted  with  the  mining  claim  known  as 

mining  claim,  situate  in Mining 

District,   County  of ,   Arizona  Territory, 

the  location  notice  of  which  is  recorded  in  the     office  of  the 

County  Recorder  of  said  County,  in  Book of 

records  of  Mines,  at  page ;  that  between  the day 

of A.  D.  190. .,  and  the day  of 

A.  D.  190. .,  at  least dollars'  worth  of  work 

and  improvements  were  done  and  performed  upon  said  claim, 
not  including  the  location  work  of  said  claim.  Such  work  and 
improvements  were  made  by  and  at  the  expense  of 


owner,  .of  said  claim,  for  the  purpose  of  complying  with  the. 
law  of  the  United  States  pertaining  to  assessment  of  annual 
work,  and 


were  the  men  employed  by  said  owner,  .and  who  labored  upon 
said  claim,  did  said  work  and  improvements,  the  same  being  as 
follows,  to-wit :  


Subscribed  and  sworn  to  before  me  this day  of 

..A.  D.  190.. 


Notary  Public. 
(My  commission  expires ) 


MINING  LAWS  OF  AEIZONA  35 

AFFIDAVIT   OF  LABOR  PERFORMED   AND   IMPROVE- 
MENTS  MADE  ON  GROUP  OF  CLAIMS. 

Territory  of  Arizona,  County  of  ss. 

,  being  duly  sworn  deposes 

and  says  that  he  is  a  citizen  of  the  United  States  and  more 

than  twenty-one  years  of  age,  and  resides  at 

in County,  Arizona  Territory,  and  is 

personally  acquainted  with  those  certain  mining  claims  and 

premises  located  and  known  as  the mining 

claim  or  lode,  and  the  mining  claim  or 

lode,  both  situated  in  the  Vulture  Mining  District,  County  of 
Maricopa  and  Territory  of  Arizona,  and  notices  of  location  of 
which  mining  claims  and  premises  are  recorded  in  the  office 
of  the  County  Recorder  of  said  County  of  Maricopa,  as  follows, 
to-wit : 

The  location  notice  of  said mining  claim 

in  Book ,  page ,  of  Records  of 

Mines,  and  the  location  notice  of  said  mining 

claim  in  Book of  Records  of  Mines  at  page 

That  between  the  day  of 

A.  D.  190 ,  and  the day  of 

A.  D.  190 ,  at  least  two  hundred  (200)  dollars  worth  of 

work  and  improvements  were  done  and  performed  upon  said 
mining  claims,  not  including  the  loca- 
tion work  of  either  of  said or 

mining  claims,  which  said  two  hundred  (200)  dollars  worth 
of  work  was  performed  and  done  for  the  purpose  of  develop- 
ing both  of  said  mining  claims  and  to  develop  each  of  said 
mining  claims,  as  both  of  said  mining  claims  adjoin  each  other 
and  are  extensions  of  each  other  and  the  two  said  imning 
claims  constitute  one  group ;  and  the  tendency  of  said  work 
was  to  developed  each  and  all  of  said  mining  claims;  That 
said  work  and  improvements  were  made  by  and  at  the  expense 

of ,  one  of  the  owners  of  said 

premises  and  mining  claims  for  the  purpose  of  complying  with 
the  laws  of  the  United  States  and  of  the  Territory  of  Arizona, 
pertaining  to  assessment  or  annual  work,  and 

were  the  men  employed  by  the  said  owner  and  who  labored 
upon  said  mining  claims  and  premises  and  who  did  said  work 
and  improvements,  and  said  work  so  done  upon  said  premises 
is  described  as  follows,  to-wit : 


MINING  LAWS  OF  AEIZONA 

Subscribed  and  sworn  to  before  me  this day  of 

,  A.  D.  1904. 

My  commission  expires 


Notary  Public  in  and  for  the  County 

of x ,  Territory 

of  Arizona. 

ARIZONA 
NOTICE  OF  LOCATION  OF  PLACER  CLAIM. 

For  this  form  use  the  same  given  on  page  51  under  California 
Laws. 


Good  Things    For   The   Table    &  Where  To 
Get    Them 


Wholesale  &  Retail  Grocers 


"Gold  Seal"  Brand  Mocha  &  Java  Coffee 


make  a  Specialty  of  Mining  and  Camping 
Orders  for  Groceries  on  the  plan  of 
"Satisfaction  or  your  Money  back 

Catalogue  Mailed  on  Request 


2 1 6-2 1 8  So.  Spring  St.,  Los  Angeles 

Branches 

Riverside          -         T^edlands         -         San  Bernardino 


CALIFORNIA  MINING  LAWS 

(See  also  U.  S.  Mining  Laws.) 


Sec.  661.  (Civil  Code.)  Fixtures  attached  to  mines.  Sluice- 
boxes,  flumes,  hose,  pipes,  railway  tracks,  cars,  blacksmith 
shops,  mills  and  all  other  machinery  or  tools  used  in  working  or 
developing  a  mine,  are  to  be  deemed  affixed  to  the  mine.  (En. 
March  21,  1872.) 

76  Cal.  578;  118  Cal.  635;  118  Cal.  148;  14  Cal.  59;  24  Pac. 
920. 

Sec.  586.  (Civil  Code.)  Any  corporation  organized  in  this  Stato 
for  the  purpose  of  mining  or  carrying  on  mining  operations  in 
or  without  this  state,  may  establish  and  maintain  agencies  in 
other  states  of  the  United  States,  for  the  transfer  and  issuing 
of  their  stock ;  and  a  transfer  or  issue  of  the  same  at  any  such 
transfer  agency,  in  accordance  with  the  provisions  of  its  by- 
laws, is  valid  and  binding  as  fully  and  effectually  for  all  pur- 
poses as  if  made  upon  the  books  of  suoh  corporation  at  its  prin- 
cipal office  within  this  state.  The  agencies  must  be  governed 
by  the  by-laws  and  the  directors  of  the  corporation. 
142  Cal.  391 ;  127  Cal.  605 ;  92  Cal.  503. 

Sec.  587.  ('Civil  Code.)  All  stock  of  any  such  corporation,  is- 
sued at  a  transfer  agency,  must  be  signed  by  the  president  and 
secretary  of  the  corporation,  and  countersigned  at  the  time  of 
its  issue  by  the  agent  having  charge  of  the  transfer  agency.  No 
stock  must  be  issued  at  a  transfer  agency  unless  the  certificate 
of  stock,  in  lieu  of  which  the  same  is  issued,  is  at  the  time  sur- 
rendered for  cancellation. 

Sec.  587a.  (Civil  Code.)  It  is  lawful  for  two  or  more  corpora- 
tions formed  or  that  may  hereafter  be  formed,  under  the  laws 
of -this  state,  for  mining  purposes,  which  own  or  possess  mining 
claims  or  lands  adjoining  each  other,  or  lying  in  the  same  vi- 
cinity, to  consolidate  their  capital  stock,  debts,  property,  as- 
sets, and  franchises,  in  such  manner  and  upon  such  terms  as 
may  be  agreed  upon  by  the  respective  boards  of  directors  or 
trustees  of  such  corporations  so  desiring  to  consolidate  their 
interests ;  but  no  such  consolidation  must  take  place  without 
the  written  consent  of  the  stockholders  representing  two-thirds 
of  the  capital  stock  of  each  corporation,  and  no  such  consolida- 
tion can,  in  any  way,  relieve  such  corporations,  or  the  stock- 
holders thereof,  from  any  and  all  just  liabilities ;  and  in  case  of 
such  consolidation,  due  notice  of  the  same  must  be  given,  by  ad- 
vertising, for  one  month,  in  at  least  one  newspaper  in  the 
county  where  the  said  mining  property  is  situated,  if  there  is 


MINING  LAWS  OF  CALIFOENIA  39 

one  published  therein,  and  also  in  one  newspaper  published  in 
the  county  where  the  principal  place  of  business  of  any  of  said 
corporation  is.  And  when  the  consolidation  is  completed,  a  cer- 
tificate thereof,  containing  the  manner  and  terms  of  such  con- 
solidation, must  be  filed  in  the  office  of  the  county  clerk  of  the 
county  in  which  the  original  certificate  of  incorporation  of  each 
of  said  corporations  is  filed,  and  a  copy  thereof  must  be  filed 
in  the  office  of  the  secretary  of  state ;  such  certificate  must  be 
signed  by  a  majority  of  each  board  of  trustees  or  directors  of 
the  original  corporations,  and  it  is  their  duty  to  call,  within 
thirty  days  after  the  filing  of  such  certificate,  a  meeting  of  the 
stockholders  of  all  of  said  corporations  so  consolidated,  to  elect 
a  board  of  trustees  or  directors  for  the  consolidated  corpora- 
tion, for  the  year  thence  next  ensuing;  and  to  cause  notice  of 
the  time  and  place  fixed  for  such  meeting  to  be  mailed  to  each 
stockholder  of  each  of  such  corporations  at  his  last  known  place 
of  residence  or  business  at  least  ten  days,  before  the  time  fixed 
for  such  meeting.  The  said  certificate  must  also  contain  all  the 
requirements  prescribed  by  section  two  hundred  and  ninety. 

81  Cal.  378 ;  104  U.  S.  450. 

Sec.  588.  (Civil  Code.)  It  is  the  duty  of  the  secretary  of  every 
•corporation  formed  for  the  purpose  of  mining,  or  conducting 
mining  in  California,  whether  such  corporation  be  formed  and 
organized  under  the  laws  of  the  State  of  California  or  of  any 
other  state,  territory,  or  foreign  country,  to  keep  at  some  place 
within  the  State  of  California  an  office  and  in  such  office  to  keep 
a  complete  set  of  books  showing  all  receipts  and  expenditures, 
of  such  corporation,  the  sources  of  such  receipts,  and  the 
objects  of  such  expenditures,  and  also  all  transfers 
of  stock.  All  books  and  papers  must,  at  all  times 
during  business  hours,  be  open  to  the  inspection  of  any 
stockholder.  He  is  entitled  to  be  accompanied  by  an  ex- 
pert, and  to  make  copies  or  extracts  from  any  such  books  or 
papers.  He  may,  at  reasonable  hours,  examine  such  mining 
property,  accompanied  by  an  expert,  take  samples,  and  make 
such  other  examination  as  he  may  deem  necessary.  It  is  the 
duty  of  the  directors,  on  the  second  Monday  of  each  and  every 
month,  to  cause  to  be  made  an  itemized  account  or  balance  sheet 
for  the  previous  month,  embracing  a  full  and  complete  state- 
ment of  all  disbursements  and  receipts,  showing  from  what 
sources  such  receipts  were  derived,  and  to  whom  and  for  what 
object  or  purpose  such  disbursements  or  payments  were  made; 
also  all  indebtedness  or  liabilities  incurred  or  existing  at  the 
time,  and  for  what  the  same  were  incurred,  and  the  balance 
of  money,  if  any,  on  hand.  Such  account  or  balance  sheet 
must  be  verified  under  oath  by  the  president  and  secretary, 
and  posted  in  some  conspicuous  place  in  the  office  of  the  com- 


40  MINING  LAWS  OF  CALIFOKNIA 

pany.  It  is  the  duty  of  the  superintendent,  on  the  first  Monday 
of  each  month,  to  file  with  the  secretary  an  itemized  account, 
verified  under  oath,  showing  all  receipts  and  disbursements 
made  by  him  for  the  previous  month,  and  for  what  said  dis- 
bursements were  made.  Such  account  must  also  contain  a  veri- 
fied statement  showing  the  number  of  men  employed  under  him, 
and  for  what  purpose,  and  the  rate  of  wages  paid  to  each.  He 
must  attach  to  such  account  a  full  and  complete  report,  under 
oath,  of  the  work  done  in  said  mine,  the  amount  of  ore  ex- 
tracted, from  what  part  of  mine  taken,  the  amount  sent  to  mill 
for  reduction,  its  assay  value,  the  amount  of  bullion  received, 
the  amount  of  bullion  shipped  to  the  office  of  the  company  or 
elsewhere,  and  the  amount,  if  any,  retained  by  the  superin- 
tendent. It  is  his  duty  to  forward  to  the  office  of  the  company 
a  full  report,  under  oath,  of  all  discoveries  of  ores  or  mineral- 
bearing  quartz  made  in  said  mine,  whether  by  boring,  drifting, 
sinking  or  otherwise,  together  with  the  assay  value  thereof. 
All  accounts,  reports  and  correspondence  from  the  superintend- 
ent must  be  kept  in  some  conspicuous  place  in  the  office  of  said 
company,  open  to  the  inspection  of  all  stockholders. 

61. 

92  Cal.  580;  92  Cal.  503;  119  Cal.  358:  81  Cal.  231:  51  Fed. 
Sec.  589.  (.Civil  Code.)  Any  stockholder  of  a  corporation 
formed  under  the  laws  of  this  state  for  the  purpose  of  mining, 
is  entitled  to  visit,  accompanied  by  his  expert,  and  examine  the 
mine  or  mines  owned  by  such  corporation,  and  every  part 
thereof,  at  any  time  he  may  see  fit :  and  when  such  stockholder 
applies  to  the  president  of  such  corporation,  he  must  immedi- 
ately cause  the  secretary  thereof  to  issue  and  deliver  to  such  ap- 
plicant an  order,  under  the  seal  of  the  corporation,  directed  to 
the  superintendent,  commanding  him  to  show  and  exhibit  such 
parts  of  said  mine  or  mines  as  the  party  named  in  said  order 
may  desire  to  visit  and  examine.  It  is  the  duty  of  the  superin- 
tendent, on  receiving  such  order,  to  furnish  such  stockholder 
every  facility  for  making  a  full  and  complete  inspection  of  said 
mine  or  mines,  and  the  workings  therein,  and  to  accompany 
said  stockholder  either  in  person,  or  to  furnish  some  person 
familiar  with  said  mine  or  mines  to  accompany  him  in  his 
visit  to  and  through  such  mine  or  mines,  and  every  part  thereof. 
If  the  superintendent  fails  to  obey  such  order,  such  stockholder 
is  entitled  to  recover,  in  any  court  of  competent  jurisdiction, 
against  the  corporation,  the  sum  of  one  thousand  dollars,  and 
traveling  expenses  to  and  from  the  mine,  as  liquidated  damages, 
together  with  costs  of  suit.  In  case  of  such  refusal,  it  is  the 
duty  of  the  directors  of  the  corporation  forthwith  to  remove 
the  officer  so  refusing,  and  thereafter  he  must  not  be  employed 
directly  or  indirectly  by  the  corporation,  nor  must  any  salary 
be  paid  to  him. 


MINING  LAWS  OF  CALIFOENIA  41 

Sec.  590.  (Civil  Code.)  lu  case  of  the  refusal  or  neglect  of  the 
president  to  cause  to  be  issued  by  the  secretary  the  order  men- 
tioned in  section  five  hundred  and  eighty-nine,  such  stockholder 
is  entitled  to  recover  against  said  president  the  sum  of  one 
thousand  dollars  and  costs,  as  provided  in  the  last  section.  If 
the  directors  fail  to  have  the  reports  and  accounts  current 
made  and  posted,  as  provided  in  section  five  hundred  and 
eighty-eight,  they  are  liable,  either  severally  or  jointly,  to  an 
action  by  any  stockholder  complaining  thereof,  and  on  proof  of 
sueh  refusal  or  failure,  he  may  recover  judgment  for  actual 
damages  sustained  by  him,  with  costs  of  suit.  Each  of  such  de- 
faulting directors  is  also  liable  to  removal  for  such  neglect. 
72  Cal.  305 ;  89  Cal.  52 ;  119  Cal.  358 ;  135  Cal.  375 :  92  Cal. 
580. 

Sec.  819.  (Civil  Code.)  A  tenant  for  years  or  at  will, 
unless  he  is  a  wrong-doer  by  holding  over,  may  occupy  the 
buildings,  take  the  annual  product  of  the  soil,  work  mines 
and  quarries  open  at  the  commencement  of  his  tenancy.  101 
Cal.  425,  115  Cal.  622. 

Sec.  1159.  (Civil  Code.)  Judgments  may  be  recorded  with- 
out acknowledgement.  Judgments  affecting  the  title  to  or  pos- 
session of  real  property  authenticated  by  the  certificate  of  the 
clerk  of  the  court  in  which  such  judgments  were  rendered  (and 
notices  of  location  of  mining  claims),  may  be  recorded  without 
acknowledgement,  certificate  of  acknowledgement  or  further 
proof.  The  record  of  ail  notices  of  location  of  mining  claims 
heretofore  made  in  the  proper  office  without  acknowledgement, 
or  certificate  of  acknowledgement,  or  other  proof  shall  have  the 
same  force  and  effect  for  all  purposes  as  if  the  same  had  been 
duly  acknowledged,  or  proved  and  certified  as  required  by  law. 
Affidavits  showing  work  or  posting  of  notices  upon  mining 
claims  may. also  be  recorded  in  the  recorder's  office  of  the  coun- 
ty where  such  mining  claims  are  situated.  (En.  March  21,  1872. 
Am'd.  1897,  97.) 

129  Cal.  361;  83  Cal.  187. 

Sec.  1424.  (Civil  Code:)  Where  hydraulic  mining  can  be 
carried  on.  The  business  of  hydraulic  mining  may  be  carried 
on  within  the  State  of  California  wherever  and  whenever  the 
same  can  be  carried  on  without  materiol  injury  to  the  naviga- 
ble streams,  or  the  lands  adjacent  thereto.  (  En.  Stats.  1893, 
337.) 

81  Fed.  243 ;  88  Fed.  664 ;  79  Cal.  289 ;  66  Cal.  138. 

Sec.  1425.  (Civil  Code.)  Meaning  of  hydraulic  mining. 
Hydraulic  mining  within  the  meaning  of  this  title,  is  mining  by 


42  MINING  LAWS  OF  CALIFORNIA 

means  of  the  application  of  water,  under  pressure,  through  a 
nozzle,  against  a  natural  bank.     (En.  Stats.  1893.  337.) 

111  Cal.  571 ;  121  Cal.  662 ;  137  Cal.  432 ;,  132  Cal.  297 ;  124 
Cal.  186. 

Sec.  2511.  When  a 'mining  partnership  exists.  A  mining 
partnership  exists  when  two  or  more  persons  who  own  or 
acquire  a  mining  claim  for  the  purpose  of  working  it  and  ex- 
tracting the  mineral  therefrom  actually  engage  in  working  the 
same.  (En.  March  21,  1872.) 

107  Cal.  504;  128  Cal.  120;  121  Cal.  213;  127  Cal.  520;  89 
Cal.  367;  112  Cal.  380. 

See.  2512.  (Civil  Code.)  Express  agreement  not  necessary 
to  constitute.  An  express  agreement  to  become  partners  or  to 
share  the  profits  and  losses  of  mining  is  not  necessary  to  the 
formation  or  existence  of  a  mining  partnership.  The  relation 
arises  from  the  ownership  of  shares  or  interests  in  the  mine 
and  working  the  same  for  the  purpose  of  extracting  the 
minerals  therefrom.  (En.  March  21,  1872.) 
127  Cal.  520;  42  Cal.  367;  107  Cal.  504. 

Sec.  2513.  (Civil  Code.)  Profits  and  losses,  how  shared. 
A  member  of  a  mining  partnership  shares  in  the  profits  and 
losses  thereof  in  the  proportion  which  the  interest  or  share 
he  owns  in  the  mine  bears  to  the  whole  partnership  capital  or 
whole  number  of  shares.  (En.  March  21,  1872.) 
89  Cal.  367. 

Sec.  2514.  (Civil  Code.)  Lien  of  partners.  Each  member 
of  a  mining  partnership  has  a  lien  on  the  partnership  property 
for  the  debts  due  the  creditors  thereof,  and  for  money  advanced 
by  him  for  its  use.  This  lien  exists  notwithstanding  there  is 
an  agreement  among  the  partners  that  it  must  not.  (En. 
March  21,  1872.) 

144  Cal.  771 ;  89  Cal.  367 ;  66  Cal.  577. 

Sec.  2515.     (Civil  Code.)     Mine-Partnership  property.     The 
mining   ground   owned   and  worked  by  partners   in  mining, 
whether  purchased  with  partnership  funds  or  not,  is  partner- 
ship property.     (En.  March  21,  1872.) 
24  Cal.  569;  28  Cal.  569. 

Sec.  2516.  Partnership  not  dissolved  by  sale  of  interest. 
One  of  the  partners  in  a  mining  partnership  may  convey  his 
interest  in  the  mine  and  business  without  dissolving  the  part- 
nership. The  purchaser  from  the  date  of  his  purchase,  becomes 
a  member  of  the  partnership.  (En.  March  21,  1872.) 

112  Cal.  380 ;  42  Cal.  367 ;  19  Cal.  120. 

Sec.  2517.     (Civil  Code.)     Purchaser  takes,  subject  to  liens, 


MINING  LAWS  OF  CALIFORNIA  43 

unless,  etc.  A  purchaser  in  an  interest  in  the  mining  ground 
of  a  mining  partnership  takes  it  subject  to  the  liens  existing  in 
favor  of  the  partners  for  debts  due  all  creditors  thereof,  or 
advances  made  for  the  benefit  of  the  partnership,  unless  he 
purchased  in  good  faith,  for  a  valuable  consideration,  without 
notice  of  such  lien.  (En.  March  21,  1872.) 

Sec.  2518.  (Civil  Code.)  Takes  with  notice  of  lien,  when. 
A  purchaser  of  the  interest  of  a  partner  in  a  mine  when  the 
partnership  is  engaged  in  working  it,  takes  with  notice  of  all 
liens  resulting  from  the  relation  of  the  partners  to  each  other 
and  to  the  creditors  of  the  partnership.  (En.  March  21,  1872.) 
42  Cal.  180 ;  42  Cal.  636. 

Sec.  2519.  (Civil  Code.)  Contract  in  writing,  when  binding. 
No  member  of  a  mining  partnership  or  other  agent  or  manager 
thereof  can,  by  a  contract  in  writing,  bind  the  partnership, 
except  by  express  authority  derived  from  the  members  thereof. 
(En.  March  21,  1872.) 

42  Cal.  367;  42  Cal.  180;  23  Cal.  198. 

Sec.   2520.     (Civil   Code.)      Owners   of  majority   of  shares 
govern.    The  decision  of  the  members  owning  a  majority  of  the 
shares  or  interests  in  a  mining  partnership  binds  it  in  the  con- 
duct of  its  business.     (En.  March  21,  1872.) 
89  Cal.  367 ;  42  Cal.  180. 

Sec.  2955.  This  section  provides  that  mining  machinery 
may  be  chattel  mortgaged. 

Sec.  690.     (Code  of  Civil  Proc.) 

EXEMPT  FROM  EXECUTION. 

5.  The  cabin  or  dwelling  of  a  miner,  not  exceeding  in  value 
the  sum  of  five  hundred  dollars;  also  his  sluices,  pipes,  hose, 
windlass,  derrick,  cars,  pumps,  tools,  implements,  and  appli- 
ances necessary  for  carrying  on  any  mining  operations,  not 
exceeding  in  value  the  aggregate  sum  of  five  hundred  dollars ; 
and  two  horses,  mules,  or  oxen  with  their  harness,  and  food 
for  such  horses,  mules  or  oxen  for  one  month,  when  necessary 
to  be  used  on  any  whim,  windlass,  derrick,  car  pump,  or  hoist- 
ing gear;  and  also  his  mining  claim,  actually  worked  by  him, 
not  exceeding  in  value  the  sum  of  one  thousand  dollars. 

Sec.  738.  Code  of  Civil  Proc.,  provides  for  an  action  to  quiet 
title,  with  right  of  trial  by  jury.  Under  this  section  an  action 
may  be  brought  to  quiet  title  to  mining  property  by  any  person 
in  possession. 

Sec.  742.  (Code  of  Civil  Proc.)  An  order  may  be  made  to 
allow  a  party  to  survey  and  measure  the  land  in  dispute.  The 
court  in  which  an  action  is  pending  for  the  recovery  of  real 


44  MINING  LAWS  OF  CALIFORNIA 

property,  or  for  damages  for  an  injury  thereto,  or  a  judge 
thereof,  may,  on  motion,  upon  notice  by  either  party,  for  good 
cause  shown,  grant  an  order  allowing  to  such  party  the  right  to 
enter  upon  the  property  and  make  survey  and  measurement 
thereof,  and  of  any  tunnels,  shafts,  or  drifts  therein,  for  the 
purpose  of  the  action,  even  though  entry  for  such  purpose  has 
to  be  made  through  other  lands,  belonging  to  parties  to  the 
action.  En.  March  11,  1872.  Am'd  1880,  11. 

See.  743.  (Code  of  Civil  Proc.)  Order,  what  to  contain, 
and  how  served.  If  unnecessary  injury  done,  the  party  survey- 
ing to  be  liable  therefor.  The  order  must  describe  the  property, 
and  a  copy  thereof  must  be  served  on  the  owner  or  occupant ; 
and  thereupon  such  party  may  enter  upon  the  property,  with 
necessary  surveyors  and  assistants,  and  make  such  survey  and 
measurement;  but  if  any  unnecessary  injury.be  done  to  the 
property,  he  is  liable  therefor.  En.  March  11,  1872. 

Sec.  748.  (Code  of  Civil  Proc.)  Mining  claims,  actions  con- 
cerning to  be  governed  by  local  rules.  In  actions  respecting 
mining  claims,  proofs  must  be  admitted  of  the  customs,  usages 
or  regulations  established  and  in  force  at  the  bar  or  diggings 
embracing  such  claim;  and  such  customs,  usages  or  regula- 
tions, when  not  in  conflict  with  the  laws  of  this  state,  must 
govern  the  decision  of  the  action.  (En.  March  11,  1872.) 
69  Cal.  383 ;  31  Cal.  393. 

Sec.  1183.  (Code  of  Civil  Proc.)  This  section  provides 
that:  Mechanics,  materialmen,  contractors,  subcontractors, 
artisans,  architects,  machinists,  builders,  miners,  and  all  per- 
sons and  laborers  of  every  class  performing  labor  upon  or 
furnishing  materials  to  be  used  in  the  construction,  alteration, 
addition  to,  or  repair,  either  in  whole  or  in  part,  of  any  build- 
ing, wharf,  ditch,  bridge,  flume,  aqueduct,  well,  tunnel,  fence, 
machinery,  railroad,  wagon  road  or  other  structure,  shall  have 
a  lien  upon  the  property  upon  which  they  have  bestowed  labor 
or  furnished  materials,  for  the  value  of  such  labor  done  and 
materials  furnished,  whether  at  the  instance  of  the  owner,  or  of 
any  other  person  acting  by  his  authority  or  under  him,  as  con- 
tractor or  otherwise;  and  any  person  who  performs  labor  in 
any  mining  claim  or  claims,  or  in  or  upon  any  real  property 
worked  as  a  mine,  either  in  the  development  thereof  or  in 
working  thereon  by  the  subtractive  process,  has  a  lien  upon 
the  same,  and  the  works  owned  and  used  by  the  owners  for 
reducing  the  ores  from  such  mining  claim  or  claims,  or  real 
property  so  worked  as  a  mine,  for  the  work  or  labor  done  or 
materials  furnished  by  each  respectively,  whether  done  or 
furnished  at  the  instance  of  the  owner  of  such  mining  claim 


MINING  LAWS  OF  CALIFOENIA  45 

or  claims  or  real  property  worked  as  a  mine  or  of  the  building, 
or  other  improvement  of  his  agent;  and  every  contractor,  sub- 
contractor, architect,  builder  or  other  person  having  charge 
of  any  mining,  or  work  and  labor  performed  in  and  about 
such  mining  claim  or  claims,  or  real  property  worked  as  a 
mine,  or  the  construction,  alteration,  addition  to  or  repair, 
either  in  whole  or  in  part  of  any  building  or  other  improve- 
ment as  aforesaid,  or  of  such  mining  claim  or  claims,  either  as 
lessee  or  under  a  working  bond  or  contract  thereon,  with  the 
privilege  of  purchase,  or  otherwise,  shall  be  held  to  be  the 
agent  of  the  owner  for  the  purposes  of  this  chapter. 

Reference  is  here  made  to  said  Section  for  terms  of  contract, 
-etc. 

Sec.  1187.  (Code  of  Civil  Proc.)  Provides  that  such  liens 
shall  be  filed  in  the  recorder's  office;  for  the  provisions  of  such 
section  reference  is  here  made  to  the  same  and  to  succeeding 
sections  for  procedure  to  enforce  mechanics  liens. 

Sees.  1204  to  1207,  inclusive.  (Code  of  Civil  Proc.)  Provide, 
in  cases  of  assignment  of  mining  companies,  for  liens  on  mining 
claims  and  procedure  to  collect  same. 

EMINENT  DOMAIN. 

Sec.  1238.  (Code  of  Civil  Proc.)  Purposes  for  which  it  may 
be  exercised.  Subject  to  the  provisions  of  this  title,  the  right 
of  eminent  domain  may  be  exercised  in  behalf  of  the  following 
public  uses. 

5.  Roads,  tunnels,   ditches,   flumes,   pipes   and   dumping 
places  for  working  mines;  also  outlets,  natural  or  otherwise, 
for  the  flow,  deposit  or  conduct  of  tailings  or  refuse  matter 
from  mines;  also  an  occupancy  in  common  by  the  owners  or 
possessors  of  different  mines  of  any  place  for  the  flow,  deposit, 
or  conduct  of  tailings  or  refuse  matter  from  their  several 
mines. 

6.  By-roads  leading  from  highways  to  residences,  farms, 
mines,  mills,  factories  and  buildings  for  operating  machinery, 
or  necessary  to  reach  any  property  used  for  public  purposes. 

12.  Canals,  reservoirs,  dams,  ditches,  flumes,  aqueducts, 
and  pipes  for  supplying  and  storing  water  for  the  operation 
of  machinery  for  the  purpose  of  generating  and  transmitting 
electricity  for  the  supplying  of  mines,  quarries,  railroads,  tram- 
ways, mills  and  factories  with  electrical  power,  and  also  for 
the  supplying  electricity  to  light  or  heat  mines,  quarries,  mills, 
factories,  incorporated  cities,  cities  and  counties,  villages  or 
towns,  together  with  lands,  buildings  and  all  other  improve- 


46  MINING  LAWS  OF  CALIFOKNIA 

merits  in  of  upon  which  to  erect,  install,  place,  use  or  operate 
machinery  for  the  purpose  of  generating  and  transmitting  elec- 
tricity for  any  of  the  purposes  or  uses  above  set  forth. 

108  Cal.  90;  73  Cal.  485;  63  Cal.  73. 

Sec.  1925.  (Code  of  Civil  Proc.)  Certificates  of  purchase 
primary  evidence  of  ownership.  A  certificate  of  purchase  or  of 
location  of  any  lands  in  this  state,  issued  or  made  in  pursuance 
of  any  law  of  the  United  States  or  of  this  state,  is  primary 
evidence  that  the  holder  or  assignee  of  such  certificate  is  the 
owner  of  the  land  described  therein ;  but  this  evidence  may  be 
overcome  by  proof  that  at  the  time  of  the  location  or  time  of 
filing  a  pre-emption  claim  on  which  the  certificate  may  have 
been  issued,  the  land  was  in  the  adverse  possession  of  the  ad- 
verse party,  or  those  under  whom  he  claims,  or  that  the  adverse 
party  is  holding  the  land  for  mining  purposes.  (En.  March  11, 
1872.) 

91  Cal.  544 ;  125  Cal.  405 ;  87  Cal.  299. 

Sec.  1927.  (Code  of  Civil  Proc.)  Whenever  any  patent  for 
mineral  lands  within  the  State  of  California,  issued  or  granted 
by  the  United  States  of  America,  shall  contain  a  statement  of 
the  date  of  the  location  of  a  claim  or  claims,  upon  which  the 
granting  or  issuance  of  such  patent  is  based,  such  statement 
shall  be  prima  facie  evidence  of  the  date  of  such  location. 
(Act  approved  March  16,  1872.  Stats.  1871,  page  413). 

For  the  Protection  of  Miners. 

Section  1.  It  shall  not  be  lawful  for  any  corporation,  asso- 
ciation, owner,  or  owners  of  any  quartz  mining  claims  within 
the  State  of  California,  where  such  corporation,  association, 
owner  or  owners  employ  twelve  men  daily,  to  sink  down  into 
such  mine  or  mines  any  perpendicular  shaft  or  incline  beyond  a 
depth  from  the  surface  of  three  hundred  feet  without  providing 
a  second  mode  of  egress  from  such  mine,  by  shaft  or  tunnel, 
to  connect  with  the  main  shaft  at  a  depth  of  not  less  than  one 
hundred  feet  from  the  surface. 

Modes  of  escape. 

Sec.  2.  It  shall  be  the  duty  of  each  corporation,  association, 
owner  or  owners  of  any  quartz  mine  or  mines  in  this  state, 
where  it  becomes  necessary  to  work  such  mines  beyond  the 
depth  of  three  hundred  feet,  and  where  the  number  of  men 
employed  therein  daily  shall  be  twelve  or  more,  to  proceed  to 
sink  another  shaft  or  construct  a  tunnel  so  as  to  connect  with 
the  main  working  shaft  of  such  mine  as  a  mode  of  escape  from 
underground  accidentjror  otherwise.  And  all  corporations,  as- 
sociations, owner  or  owners  of  mines,  as  aforesaid,  working  at 


MINING  LAWS  OF  CALIFOENIA  47 

a  greater  depth  than  three  hundred  feet,  not  having  any  other 
mode  of  egress  than  from  the  main  shaft,  shall  proceed  as  here- 
in provided. 

Liabilities. 

Sec. 3.  When  any  corporation,  association,  owner  or  owners 
of  any  quartz  mine  in  this  state  shall  fail  to  provide  for  the 
proper  egress,  as  herein  contemplated,  and  where  any  accident 
shall  occur,  or  any  miner  working  therein  shall  be  hurt  or  in- 
jured, and  from  such  injury  might  have  escaped  if  the  second 
mode  of  egress  had  existed,  such  corporation,  association,  owner 
or  owners  of  the  mine  where  the  injuries  shall  have  occurred 
shall  be  liable  to  the  person  injured  in  all  damages  that  may 
accrue  by  reason  thereof;  and  an  action  at  law  in  a  court  of 
competent  jurisdiction  may  be  maintained  against  the  owner  or 
owners  of  such  mine,  which  owners  shall  be  jointly  or  severally 
liable  for  such  damages.  And  where  death  shall  ensue  from  in- 
juries received  from  any  negligence  on  the  part  of  the  owners 
thereof,  by  reason  of  their  failure  to  comply  with  any  of  the 
provisions  of  this  act,  the  heirs  or  relatives  surviving  the  de- 
ceased may  commence  an  action  for  the  recovery  of  such  dam- 
ages, as  provided  by  an  act  entitled  An  Act  Requiring  Compen- 
sation for  Causing  Death  by  Wrongful  Act,  Neglect  or  Default, 
Approved  April  twenty-sixth,  eighteen  hundred  and  sixty-two. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force  six  months 
from  and  after  its  passage. 

ACT  OF  MARCH  31  1891. 

Easement,  and  Drainage  of  Mines  in  the  State  of  California. 

Section  1.  Whenever  any  mine-owner,  company  or  corpo- 
ration shall  have  performed  the  labor  and  made  the  improve- 
ments required  by  law  for  the  location  and  ownership  of  min- 
ing claims  or  lodes,  such  owner,  company  or  corporation  shall 
tile  or  cause  to  be  filed,  within  thirty  days  after  the  time  lim- 
ited for  performing  such  labor,  or  making  such  improvements, 
with  the  county  recorder  of  deeds  of  the  county  in  which  the 
mine  or  claim  is  situated,  (an  affidavit),  particularly  describing 
the  labor  performed  and  improvements  made,  and  the  value 
thereof,  which  affidavit  shall  be  prima  facie  evidence  of  the 
facts  therein  stated.  Upon  the  failure  of  any  claimant  or  mine- 
owner  to  comply  with  the  conditions  of  this  act  in  the  perform- 
ance of  labor,  or  making  of  improvements  upon  any  claim,  mine 
or  mining  ground,  the  claim  or  mine  upon  which  such  failure  oc- 
curred shall  be  open  to  relocation  in  the  same  manner  as  if  no 
location  of  the  same  had  ever  been  made.  But  if,  previous  to 
relocation,  the  original  locators,  their  heirs,  assigns  or  legal 
representatives,  resume  work  upon  such  claim,  and  continue  the 
same  with  reasonable  diligence  until  the  required  amount  of 


48  MINING  LAWS  OF  CALIFORNIA 

labor  has  been  performed  or  improvements  made,  and  the  re- 
quired statement  of  accounts  and  affidavits  filed  with  the  county 
recorder,  then  the  claim  shall  not  be  subject  to  relocation  be- 
cause of  previous  failure. to  file  accounts.  Upon  the  failure  of 
any  one  of  the  several  co-owners  to  contribute  his  portion  of  the 
expenditures  required  hereby,  the  co-owners  who  have  per- 
formed the  labor  or  made  the  improvement  may,  at  the  expi- 
ration of  the  year,  give  such  delinquent  co-owner  personal  no- 
tice, in  writing,  or  by  publication  in  the  newspaper  published 
nearest  the  claim  for  at  least  once  a  week1  for  ninety  days ;  and 
if,  at  the  expiration  of  ninety  days  after  such  notice  in  writing 
or  publication,  such  delinquent  shall  fail  or  refuse  to  contribute 
his  portion  of  the  expenditures  required  by  this  section,  his  in- 
terests in  the  claim  become  the  property  of  his  co-owners,  who 
made  the  required  expenditures.  A  copy  of  such  notice,  together 
with  an  affidavit  showing  personal  service  or  publication,  as  the 
case  may  be,  of  such  notice,  when  filed  or  recorded  with  the  re- 
corder of  deeds  of  the  county  in  which  such  mining  claim  is 
situated,  shall  be  evidence  of  the  acquisition  of  title  of  such  co- 
owners.  Where  a  person  or  company  has  or  may  run  a  tun- 
nel or  cuts  for  the  purpose  and  in  good  faith  for  the  purpose 
of  developing  a  lode,  lodes  or  claims  owned  by  said  person  or 
company  or  corporation,  the  money  so  expended  in  running 
said  tunnel  shall  be  taken  and  considered  as  expended  on  said 
lodes  or  claims;  provided  further,  that  said  lode,  claim  or 
claims  shall  be  distinctly  marked  on  the  surface,  as  provided 
by  law. 

Sec.  2.  All  mining  locations  and  mining  claims  shall  be 
subject  to  a  reservation  of  the  right  of  way  through  or  over  any 
mining  claims,  ditches,  roads,  canals,  cuts,  tunnels,  and  other 
easements  for  the  purpose  of  working  other  mines;  provided, 
that  any  damage  occasioned  thereby  shall  be  assessed  and 
paid  for  in  the  manner  provided  by  law  for  land  taken  for  pub- 
lic use  under  the  right  of  eminent  domain. 

Sec.  3     This  act  shall  take  effect  immediately. 
Harris  v.  Kellogg,  117  Cal.  484. 

ACT  OF  MARCH  20,  1903. 
Statutes  of  1903,  Page  283. 

Section  1.  Provides  that  all  abandoned  mining  shafts  shall 
be  fenced. 

Sec.  2.  Provides  that  boards  of  supervisors  may  cause 
shafts  on  unoccupied  public  land  to  be  fenced. 

Sec.  3.  Provides  that  removing  covering  or  fencing  over 
mining  shaft  shall  be  a  misdemeanor. 

Act  483  to  be  found  in  the  Session  Laws  of  1875,  at  page  853, 


MINING  LAWS  OF  CALIFORNIA  49 

provided  for  the  Recording  of  Mining  Claims  in  Calaveras 
county. 

142  Cal.  411. 

Act  2223  of  March  27,  1874.  For  the  Protection  of  Coal 
Mines  and  Coal  Miners,  can  be  found  in  the  Session  Laws  of 
Californa,  1873-4,  at  page  726. 

Act  2225,  of  March,  1893,  provides  for  a  uniform  system  of 
mine  bell  signals  to  be  used  in  all  mines  operated  in  the  State  of 
California. 

This  act  can  be  found  in  the  Session  Law  of  California,  of 
1893,  at  page  82. 

Act  2226  of  March  24,  1893,  provides  for  the  appointment, 
duties  and  compensation  of  a  Debris  Commissioner,  and  makes 
an  appropriation  to  be  expended  in  the  discharge  of  his  duties 
as  such  commissioner. 

This  act  can  be  found  in  the  Session  Laws  of  California,  of 
1893,  at  page  339. 

NOTICE  OF  QUARTZ  LODE  LOCATION. 

Notice  is  hereby  given,  That  I '. 

a  citizen  of  the  United  States,  have  discovered  a  vein  of  rock 
in  place,  carrying  gold,  silver,  copper,  and  other  valuable  de- 
posits, upon  which  I  have  erected  a  discovery  monument  and 
posted  this  notice,  as  hereinafter  set  forth;  that  in  accordance 
with  the  provision  of  Chapter  6,  Title  32  of  the  Revised  Sta- 
tutes of  the  United  States  and  the  laws  of  the  State  of  Cali- 
fornia, I  hereby  claim  fifteen  hundred  linear  feet  of  said  vein, 
measured  thereon  as  hereinafter  set  forth.  Said  discovery 

was  made  on  the day  of  

189 . . .  Immediately  upon  making  the  same,  and  on  the 

day  of 189 . . ,  I  erected  at  the  point  of  dis- 
covery, a  substantial  monument,  consisting  of  a  mound  of  rocks 
and ,  posted  tfiereon  this  notice. 

The  *  general  course  of  said  vein  is and 

I  claim  in  length  thereon feet and 

feet from  said  discovery  monument.  I  also  claim 

three  hundred  feet  on  each  side  of  the  center  of  the  vein.  This 

vein  or  claim  shall  be  known  as  and  called  the 

It  is  situated  in  Mining  District,  an  in  * 

Sec ,  Tp ,  R S.  B.  M.,  in 


*Make  this  description  in  accordance  with  the  facts,  as  "The  general 
course  of  said  vein  is  north  and  south.  I  claim  in  length  thereon  500 
'  feet  north  and  1000  feet  south  from  said  discovery  monument." 

tlf  the  claim  is  upon  surveyed  land,  give  the  section,  township  and 
range,  if  possible.  This  is  not  required  by  law,  but  makes  a  much  better 
description. 


50  MINING  LAWS  OF  CALIFOENIA 

County,  California,  and  the  discovery  monument 

being  placed  about  § 

from    

That  the  following  is  a  description  of  said  location  as  marked 

on  the  ground ;   *   commencing  at  the 

of  said  claim,  a   \ from  which 

initial  point  the  discovery  monument  is  distant  about 

feet  in  a direction ; thencell 

Dated  and  posted  on  the  ground,  this day  of 

189... 

Witness 


Locators. 


§Here  refer  to  some  natural  object  or  permanent  monument  so  as  to 
identify  the  locality  of  the  claim,  in  compliance  with  section  2324,  Revised 
Statutes  U.  S.  A  road,  house,  tree,  known  mountain  or  peak,  government 
corner,  mill,  or  known  mining  claim,  etc.,  are  such  objects  or  monuments. 
As,  "About  one  mile  directly  east  from  Jim  Budd's  quartz  mill  and  400 
rods  west  from  the*  Lone  Star  mine,"  etc. 

$Here  state:  "Commencing  at  the  N.  E.  corner  of  said  claim,  a  mound 
of  rocks  4  ft.  high,"  or  at  any  other  corner  or  point  in  the  boundary; 
give  the  distance  and  direction  from  this  initial  monument  to  the  discovery 
monument,  and  then  locate  the  discovery  with  reference  to  some  natural 
object  or  permanent  monument. 

||Here  follows  a  description  of  the  claim  from  the  initial  monument. 
For  instance:  "Thence  600  ft.  northwesterly  to  the  N.  ~W.  corner  of  said 
claim,  at  which  point  is  a  mound  of  rocks  2%  ft.  high,  marked  so  and-so 
(if  marked);  thence  1500  ft.  southwesterly  to  the  S.  W.  corner  of  said 
claim,  being  a  mound  of  rocks,"  etc.;  so  going  around  the  claim  to  the 
point  of  beginning. 


MINING  LAWS  OF  CALIFORNIA  51 

NOTICE  OF  LOCATION  OF  PLACER  CLAIM;. 

Notice  is  hereby  given,  That 

citizen .  .  of  the  United  States,  h .  .  this day  of 

189 .  .  discovered  a  valuable  placer  deposit 

within  the  limits  of  this  claim;  that  by  virtue  of  said  dis- 
covery,   

ha.  .  located,  and  hereby  locate  and  claim  the  following  de- 
scribed land,  situate  in Mining  District 

County,  California,  to-wit  :* 

of  section ,  Township ,  Range 

S.  B.  M.,  containing acres.t  Said  claim  is 

hereby  named Placer  Claim.  Said  claim 

is  marked  upon  the  ground  as  follows  :* 

This  notice  is  posted  on  a  mound  of  rocks  at  the  point  of 
discovery,  situated  § 

Dated  and  posted  on  the  ground,  this.  . .  .  day  of ,  189.  . 


Locator. 

For  form  of  Mill  Site  Location  Notice,  see  U.  S.  Mining 
Laws. 

For  form    of  Affidavit  of  Annual  Labor,  see  end  of  Arizona 
Mining-  Laws. 

For  form  of  Notice  of  Forfeiture,  see  U.  S.  Mining  Laws,  at 
end  thereof. 


*The  statute  provides  that  the  locator  must  give  "a,  description  of  the 
claim  by  reference  to  legal  subdivisions  of  sections,  if  the  location  is 
made  in  conformity  with  the  public  surveys;  otherwise  a  description  with 
reference  to  some  natural  object  or  permanent  monument  as  will  identify 
the  claim." 

tWhen  not  described  by  legal  subdivisions,  the  description  should  con- 
form to  taht  contained  in  the  final  certificate  of  location  of  a  lode  claim. 

$The  statute  provides  that,  whether  described  by  legal  subdivisions  or 
not,  the  location  shall  be  marked  by  the  locator  on  the  ground,  and  as 
the  affidavit  to  be  filed  later  is  not  required  to  contain  a  description  of 
the  claim,  we  think  this  notice  .should  state  how  the  location  is  marked; 
as,  for  instance,  "At  the  N.  E.  corner  of  said  tract  a  mound  of  rocks  3  ft. 
high,  maTked  so-and-so  (if  marked),  and  at  the  N.  W.  corner  a  stake  in 
a  mound  of  rocks,  marked,"  etc.,  and  so  on  for  each  monument  enclosing 
the  claim. 

§Here  state  where  the  discovery  is  located,  as,  for  instance,  '"20  ft. 
S.  W.  of  the  N.  E.  corner  monument." 

|]A  duplicate  of  this  notice  must  be  filed  for  record  with  the  county 
recorder  within  thirty  days  from  the  discovery;  and  the  locator  is  allowed 
thirty  days  to  mark  his  location  on  the  ground. 


E.  F.  Staples,  H.  L.  Payne,  R.  S.  Baverstock 

BAVERSTOCK  &  STAPLES 

ASSAYEBS  &  CHEMISTS 

Best  Equipped  Office  in  the  Southwest 

(No  Students  Engaged  in  our  Office) 

We  assay  and  analyze  Water,  Milk,  Foods,  Fuel, 
Fertilizers. 


We  advise  on  chemical  processes  for  all  kinds  of 
Industrial  Work 


We  have  a  good  Mineral  Cabinet  for  comparison 
of  Specimens. 


We  give  special  attention  to  Rare  Minerals  and  arrange 
for  their  purchase. 


We  furnish  FREE,  Canvas  Sample  Sacks,   Mail  Sacks 
and  Location  Notices. 


PRICES    ON    APPLICATION 

223  W.  FIRST  ST.   Los  Angeles,  Gal. 

Between  Spring  and  Broadway 


NEW  MINING  LAW. 
The  Full  Text  of  Nevada's  Present  Statute. 

Following  is  the  full  text  of  the  mining  law  of  Nevada, 
enacted  by  the  last  Legislature,  and  which  went  into  effect 
on  July  1 : 

Chapter  CXCIV — An  act  to  amend  sections  one,  two  and 
three  of  an  Act  entitled  "An  act  relating  to  the  location, 
relocation,  manner  of  recording  lode  and  placer  claims,  mill 
sites,  tunnel  rights,  amount  of  work  necessary  to  hold  posses- 
sion of  mining  claims,  and  the  rights  of  co-owners  therein," 
approved  March  16,  1867,  and  as  amended  and  approved  March 
20,  1901.  (Approved  March  29,  1907.) 

Section  1.  Section  one  of  the  above-named  Act  is  hereby 
amended  so  as  to  read  as  follows : 

Sec.  1.  Any  person,  a  citizen  of  the  United  States,  or  one  who 
has  declared  his  intention  to  become  such,  who  discovers  a 
vein  or  lode,  may  locate  a  claim  upon  such  vein  or  lode  by 
defining  the  boundaries  of  the  claim  in  the  manner  hereinafter 
described  and  by  posting  a  notice  of  such  location  at  the  time 
and  point  of  discovery,  which  notice  must  be  posted  upon  one  of 
the  several  monuments  prescribed  in  section  2  of  this  act,  and 
such  notice  must  contain : 

First — The  name  of  the  lode  or  claim.  Second — The  name 
of  the  locator  or  locators.  Third — The  date  of  the  location. 
Fourth — The  number  of  linear  feet  claimed  in  length  along 
the  course  of  the  vein,  each  way  from  the  point  of  discovery, 
with  the  width  on  each  side  of  the  center  of  the  vein,  and 
the  general  course  of  the  vein  or  lode  as  near  as  may  be. 

•Sec.  2.  Section  two  of  the  above-entitled  Act  is  hereby 
amended  so  as  to  read  as  follows: 

Sec.  2.  The  locator  of  a  lode  mining  claim  must  sink  a  dis- 
covery shaft  upon  the  claim  located  4x6  feet  to  the  depth  of  at 
least  ten  feet  from  the  lowest  part  of  the  rim  of  such  shaft  at  the 
surface,  or  deeper  if  necessary,  to  show  by  such  work  a  lode 
deposit  of  mineral  in  place;  a  cut  or  crosscut  or  tunnel  which 
cuts  the  lode  at  a  depth  of!  ten  feet,  or  an  open  cut  along  the 
said  ledge  or  lode  equivalent  in  size  to  a  shaft  four  feet  by  six 
feet  by  ten  feet  deep,  is  equivalent  to  a  discovery  shaft.  The 
locator  must  define  the  boundaries  of  his  claim  by  removing  the 
top  of  a  tree  (having  a  diameter  of  not  less  than  four  inches), 
not  less  than  three  feet  above  the  ground,  and  blazing  and 
marking  the  same;  or  by  a  rock  in  place,  capping  such  rock  with 
smaller  stones,  such  rock  and  stones  to  have  a  height  of  not  less 
than  two  feet;  or  by  setting  a  post  or  stone,  one  at  each  corner 
and  one  at  the  center  of  each  side  line.  When  a  post  is  used,  it 
must  be  at  least  four  inches  in  diameter  by  four  and  one-half 
feet  in  length,  and  set  one  foot  in  the  ground.  When  it  is 
practically  impossible  on  account  of  bedrock  or  precipitous 


ground  to  sink  such  posts,  they  may  be  placed  in  a  mound  of 
earth  or  stones,  or  where  the  proper  placing  of  such  posts  or 
other  monuments  is  impracticable  or  dangerous  to  life  or  limb, 
it  shall  be  lawful  to  place  such  posts  or  monuments  at  the 
nearest  point,  properly  marked  to  designate  its  right  place. 
When  a  stone  is  used,  not  a  rock  in  place,  it  must  be  not  less 
than  six  inches  in  diameter  and  eighteen  inches  in  length,  and 
set  two-thirds  of  its  length  in  the  top  of  a  mound  of  earth  or 
stone  four  feet  in  diameter,  and  two*and  one-half  feet  in  height. 
All  trees,  posts  or  rocks  used  as  monuments  which  are  not  four 
feet  in  diameter  at  the  base  shall  be  surrounded  by  a  mound 
of  earth  or  stones  four  feet  in  diameter  by  two  feet  in  height, 
which  trees,  posts,  stones  or  rock  monuments  must  be  so 
marked  as  to  designate  the  corners  of  the  claim  located;  pro- 
vided, however,  that  the  locator  of  a  mining  claim  shall  within 
twenty  days  from  the  date  of  posting  the  notice  of  location 
define  the  boundaries  of  said  claim  by  placing  at  each  corner 
and  the  center  of  each  sideline  one  of  the  hereinbefore  described 
monuments,  and  shall  within  ninety  days  from  the  date  of 
posting  of  said  location  notice  perform  the  location  work  here- 
inbefore prescribed. 

Sec.  3.  Section  three  of  the  above-entitled  Act  is  hereby 
amended  to  read  as  follows: 

Sec.  3.  Any  locator  or  locators  of  a  mining  claim,  after 
having  established  the  boundaries  of  said  claim,  and  -after 
complying  with  the  provisions  of  this  act,  with  reference  to 
the  establishment  of  such  boundaries,  may  file  with  the  district 
mining  recorder  a  notice  of  location,  setting  forth  the  name 
given  to  the  lode  or  vein,  the  number  of  linear  feet  claimed  in 
length  along  the  course  of  the  vein,  the  date  of  location,  the 
date  on  which  the  boundaries  of  the  claim  were  completed, 
and  the  name  of  the  locator  or  locators.  Should  any  claim 
be  located  in  any  section  or  territory  where  no  district  has 
yet  been  formed,  or  where  there  is  no  district  recorder^  the 
locator  or  locators  of  such  claims  may  file  with  the  county 
recorder  notice  of  location  as  set  forth  above,  and  said  notice  of 
location  will  be  prima  facie  evidence  in  all  courts  of  justice  of 
the  first  location  of  said  lode  or  vein.  "Within  ninety  days  of 
the  date  of  posting  the  location  notice  upon  the  claim  the 
locator  shall  record  his  claim  with  the  mining  district  recorder 
and  the  county  recorder  of  the  mining  district,  or  county,  in 
which  such  claim  is  situated  by  a  location  certificate,  which 
must  contain : 

First.     The  name  of  the  lode  or  vein. 

Second.     The  name  of  the  locator  or  locators. 

Third.  The  date  of  the  location  and  such  description  of  the 
location  of  said  claim  with  reference  to  some  natural  object  or 
permanent  monument  as  will  identify  the  claim. 

Fourth.  The  number  of  linear  feet  claimed  in  length  along 
the  course  of  the  vein  each  way  from  the  point  of  discovery, 


with  a  width  on  each  side  of  the  center  of  the  vein  ,  and  the 
general  course  of  the  lode  or  vein  as  near  as  may  be. 

Fifth.  The  dimensions  and  location  of  the  discovery  shaft, 
or  its  equivalent,  sunk  upon  the  claim. 

Sixth.  The  location  and  description  of  each  corner,  with 
the  markings  thereon. 

Any  record  of  the  location  of  a  lode  mining  claim  which 
shall  not  contain  all  the  requirements  named  in  this  section 
shall  be  void.  All  records  of  lode  or  placer  mining  claims, 
millsites  or  tunnel  rights  heretofore  made  by  any  recorder  of 
any  mining  district,  or  any  county  recorder  are  hereby  declared 
to  be  valid  and  to  have  the  same  force  and  effect  as  records 
made  in  pursuance  of  the  provisions  of  this  act.  And  <any 
such  record,  or  a  copy  thereof,  duly  verified  by  a  mining 
recorder  or  duly  certified  by  a  county  recorder,  shall  be  prima 
facie  evidence  of  the  facts  therein  stated. 

THE  NEW  NEVADA  GRUBSTAKE  LAW. 

Chapter  CLXXIV — An  Act  to  regulate  grubstake  contracts 
and  prospecting  agreements,  and  to  provide  for  the  recording 
of  the  same.  (Approved  March  29,  1907.) 

Section  1.  All  grubstake  contracts  and  prospecting  agree- 
ments hereafter  entered  into  and  which  may  in  any  way 
affect  the  title  of  mining  locations,  or  other  locations  under 
the  Mining  Laws  of  this  State,  shall  be  void  and  of  no  effect 
except  between  the  parties  to  said  contract  or  agreement,  unless 
the  instrument  shall  first  have  been  recorded  in  the  office 
of  the  county  recorder  of  the  county  in  which  said  instrument 
is  made.  The  instrument  or  instruments  shall  be  duly  acknowl- 
edged before  a  notary  public  or  other  person  competent  to 
take  acknowledgments.  Grubstake  contracts  and  prospecting 
agreements,  duly  acknowledged  and  recorded  as  provided  for 
in  this  act,  shall  be  prima  facie  evidence  in  all  courts  of 
justice  in  this  State  in  all  cases  wherein  the  title  to  mining 
locations  and  other  locations  under  the  mining  laws  of  this 
State  are  in  dispute. 

PROSPECTING  ON  PRIVATE  LAND. 

Chapter  LXV.  An  Act  supplementary  to  an  Act  entitled 
"An  Act  to  encourage  the  mining,  milling,  smelting  or  other 
reduction  of  ores  in  the  State  of  Nevada,"  approved  March 
1,  1875.  (Approved  March  14,  1907.) 

The  People  of  the  State  of  Nevada,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Any  person,  a  citizen  of  the  United  States,  may 
enter  upon  any  unfenced  and  unimproved  land  in  the  State  of 
Nevada  held  in  private  ownership,  excepting  mining  claims 
and  mining  property  already  located  or  occupied  for  mining 
purposes,  and  may  prospect  thereon  for  gold,  silver;  or  other 


valuable  minerals  or  metals,  being  responsible  to  the  owner  of 
the  land  for  all  damage  done  thereon. 

Sec.  2.  Any  person,  a  citizen  of  the  United  States,  discov- 
ering a  ledge  or  deposit  containing  gold,  silver  or  other  valua- 
ble mineral  or  metals  in  or  upon  any  unfenced  and  unim- 
proved land  in  this  State  held  in  private  ownership,  excepting 
mining  claims  or  mining  property  already  located  or  occupied 
for  mining  purposes,  may  locate'1  such  ledge  or  deposit,  in 
accordance  with  the  laws  of  the  United  States,  and  of  this 
State  in  respect  to  the  location  of  mining  claims,  the  same  as 
though  such  ledge  or  deposit  was  found  upon  the  public 
domain,  and  may  acquire  title  to  such  land  so  located  by  means 
of  the  special  proceedings  prescribed  in  this  Act.  The  said 
special  proceedings  shall  be  substantially  as  follows: 

There  shall  be  filed  in  the  clerk's  office  of  the  District  Court 
in  the  county  where  the  real  estate  is  situated  a  petition  veri- 
fied according  to  law,  stating  therein  the  names  of  the  person 
or  persons  presenting  the  petition;  that  he  or  they  have  discov- 
ered a  ledge  or  deposit  containing  gold,  silver  or  some  other 
valuable  mineral  or  metal ;  the  description  by  metes  and  bounds 
or  by  some  other  accurate  designation  of  the  tract  or  tracts  of 
land,  located  in  the  manner  of  mining  claims  as  herein  pro- 
vided and  desired  to  be  appropriated  for  mining  purposes ;  that 
said  land  is  more  valuable  for  mining  purposes  than  the  pur- 
pose for  which  the  same  is  being  held;  the  names  of  those  in 
possession  of  said  land,  and  those  claiming  any  right,  title 
or  interest  therein,  so  far  as  the  same  can  be  obtained  by 
reasonable  diligence. 

Sec.  3.  That  the  proceedings  following  the  filing  of  such 
petition  shall  be  as  prescribed  in  that  certain  Act  of  the 
Legislature  of  this  State,  entitled  "An  Act  to  encourage 
mining,  milling,  smelting  or  other  reduction  of  ores  in  the  State 
of  Nevada,"  approved  March  1,  1875,  in  so  far  as  the  same 
are  not  inconsistent  with  the  provisions  of  this  act. 

Sec.  4.  If  upon  the  hearing  of  the  petition  filed  as  provided 
in  this  Act  it  appears  to  the  satisfaction  of  the  court  or  judge 
thereof  that  the  land  in  question  is  more  valuable  for  mining 
than  the  purpose  for  which  the  same  is  being  used,  then  the 
petitioner  or  petitioners  shall  acquire  title  thereto  in  manner 
similar  to  that  prescribed  in  the  Act  to  which  this  Act  is  supple- 
mentary. 

Sec.  5.  In  determining  the  value  of  the  land  as  a  basis  for 
the  compensation  which  the  petitioner  or  petitioners  shall  pay 
to  the  owners  thereof,  the  minerals  therein  contained  shall  not 
be  considered  as  going  to  make  up  the  value,  but  the  value 
which  shall  govern  is  the  reasonable  value  of  the  land  for  the 
use  to  which  the  same  has  previously  been  put,  or  reasonably 
might  be  expected  to  be  put  in  the  future,  by  the  owners 
thereof. 


MINING  LAWS  OF  NEVADA 

(See  also  U.  S.   Mining  Laws.) 


LOCATION  AND  RELOCATION. 

Statutes  1897,  p.  103. 
How  to  Locate. 

Section  1.  Any  person,  a  citizen  of  the  United  States,  or  one 
who  has  declared  his  intention  to  become  such,  who  discovers 
a  vein  or  lode  may  locate  a  claim  upon  such  vein  or  lode  by 
defining  the  boundaries  of  the  claim  in  the  manner  hereinafter 
described,  and  by  posting  a  notice  of  such  location  at  the  point 
of  discovery,  which  notice  must  contain:  First — The  name  of 
the  lode  or  claim.  Second — The  name  of  the  locator  or  locators. 
Third— The  date  of  the  location.  Fourth— The  number  of 
linear  feet  claimed  in  length  along  the  course  of  the  vein  each 
way  from  the  point  of  discovery,  with  the  width  on  each  side 
of  the  center  of  the  vein,  and  the  general  course  of  the  vein 
or  lode  as  near  as  may  be. 

Van  Valkenburg  v.  Huff,  1  Nev.  147 ;  Mallet  v.  Uncle  Sam 
G.  &  S.  M.  Co.,  1  Nev.  188 ;  Overman  S.  M.  Co.  v.  Ameri- 
can M.  Co,  7  Nev.  312;  Phillpotts  v.  Blasdel,  8  Nev.  61; 
Wiell  v.  Lucerne  M.  Co,  11  Nev.  200;  Golden  Fleece  v. 
Cable  Consolidated  M.  Co,  12  Nev.  312;  Cleeson  v. 
White,  13  Nev.  443 ;  Overman  S.  M.  Co.  v.  Corcoran,  15 
Nev.  147 ;  Rose  v.  Richmond  M.  Co,  17  Nev.  25 ;  Poujade 
v.  Ryan,  21  Nev.  449;  Brady  v.  Husby,  21  Xev.  453; 
134  F.  R.  610. 
Sec.  2  amended.  See  Statutes  1901,  page  97. 

Discovery  Shaft  to  Be  Sunk— Depth  Ten  Feet— Boundaries  of 
Claim,  How  Denned. 

Sec.  2.  Before  the  expiration  of  ninety  days  from  the  post- 
ing of  such  notice  upon  the  claim  the  locator  must  sink  a  dis- 
covery shaft  upon  the  claim  located  to  the  depth  of  at  least  ten 
feet  from  the  lowest  part  of  the  rim  of  such  shaft  at  the  surface, 
or  deeper  if  necessary  to  show  by  such  work  a  lode  deposit  of 
mineral  in  place.  A  cut  or  crosscut,  or  tunnel,  which  cuts  the 
lode  at  a  depth  of  ten  feet,  or  an  open  cut  along  the  ledge  or 
lode  equivalent  in  size  to  a  shaft  four  feet  by  six  feet  by  ten 
feet  deep,  is  equivalent  to  a  discovery  shaft.  The  locator 
must  define  the  boundaries  of  his  claim  by  marking  a  tree  or 


54  MINING  LAWS  OF  NEVADA 

rock  in  place,  or  by  setting  a  post  or  stone,  one  at  each  corner 
and  one  at  the  center  of  each  side  line.  When  a  post  is  used 
it  must  be  at  least  four  inches  square,  by  four  feet  six  inches 
in  length,  set  one  foot  in  the  ground,  with  a  mound  of  stone 
or  earth  four  feet  in  diameter  by  two  feet  in  height  around  the 
post.  When  it  is  practically  impossible  on  account  of  the  bed- 
rock or  precipitous  ground  to  sink  such  posts,  they  may  be 
placed  in  a  pile  of  stones ;  or  where  the  proper  placing  of  such 
posts  or  monuments  of  stone  is  impracticable  or  dangerous  to 
life  and  limb,  it  shall  be  lawful  to  place  such  post  or  monument 
of  stone  at  the  nearest  point,  properly  marked  to  designate  its 
right  place.  When  a  stone  is  used,  not  a  rock  in  place,  it  must 
be  at  least  six  inches  square  and  eighteen  inches  in  length,  set 
two-thirds  of  its  length  in  the  ground,  which  trees,  stakes  or 
monumnets  must  be  so  marked  as  to  designate  the  corner  of  the 
claim  located.  (Sec.  2.  This  Act  shall  take  effect  on  the  first 
day  of  July,  1901.) 

Silver  M.  Co.  v.  Fall,  6  Nev.  116 ;  Southern  Cross  G.  &  S. 

M.  Co.  v.  Europia  M.  Co.,  15  Nev.  383;  Sisson  v.  Som- 

mers,  24  Nev.  379. 

Notice  of  Location  of  Lode  Claim  Void. 

Sec.  3.  No  notice  of  location  of  a  lode  claim  shall  claim  more 
than  one  location,  whether  the  location  be  made  by  one  or 
several  persons.  And  if  such  notice  purport  to  claim  more 
than  one  location  it  shall  be  absolutely  void,  except  as  to  the 
first  location  therein  described.  And  if  they  are  described 
together,  or  so  that  it  cannot  be  told  which  location  is  first 
described  the  notice  of  location  shall  be  void  as  to  all. 

Relating  to  Recording. 

•Sec.  4.  Within  ninety  days  of  the  date  of  posting  the  loca- 
tion notice  upon  the  claim,  the  locator  shall  record  his  claim 
with  the  mining  district  recorder  and  the  County  Recorder 
of  the  mining  district  or  county  in  which  such  claim  is  situated 
by  a  location  certificate  which  must  contain:  First,  the  name 
of  the  lode  or  vein ;  second,  the  name  of  the  locator  or  locators ; 
third,  the  date  of  the  location  and  such  description  of  the 
location  of  said  claim,  with  reference  to  some  natural  object 
or  permanent  monument,  as  will  identify  the  claim;  fourth, 
the  number  of  linear  feet  claimed  in  length  along  the  course 
of  the  vein  each  way  from  the  point  of  discovery,  with  a  width 
on  each  side  of  the  center  of  the  vein,  and  the  general  course 
of  the  lode  or  vein  as  near  as  may  be ;  fifth,  the  dimensions  and 
location  of  the  discovery  shaft,  or  its  equivalent,  sunk  upon 


MIXING  LAWS  OF  NEVADA  55 

the  claim;  sixth,  the  location  and  description  of  each  corner, 
with  the  markings  thereon.  Any  record  of  the  location  of  a 
lode  mining  claim  which  shall  not  contain  all  the  requirements 
named  in  this  section  shall  be  void.  All  records  of  lode  or 
placer  mining  claims,  mill  sites  or  tunnel  rights  heretofore 
made  by  any  recorder  of  any  mining  district  or  any  County 
Recorder  are  hereby  declared  to  be  valid  and  to  have  the  same 
force  and  effect  as  records  made  in  pursuance  of  the  provisions 
of  this  Act.  And  any  such  record,  or  a  copy  thereof,  duly 
verified  by  a  mining  recorder  or  duly  certified  by  a  County 
Recorder,  shall  be  prima  facie  evidence  of  the  facts  therein 
stated. 
What  Location  Includes. 

Sec.  5.  The  location  or  record  of  any  vein  or  lode  claim  shall 
be  construed  to  include  all  surface  ground  within  the  surface 
lines  thereof,  and  all  lodes  and  ledges  throughout  their  entire 
depth,  the  top  or  apex  of  which  lies  inside  of  such  lines  extend- 
ed downward,  vertically  with  all  parts  of  such  lodes  or  veins 
as  continue  to  dip  beyond  the  side  lines  of  the  claim,  but  shall 
not  include  any  portion  of  such  lodes,  veins  or  ledges  beyond 
the  end  lines  of  the  claim,  or  the  end  lines  continued,  whether 
by  dip  or  otherwise,  or  beyond  the  side  lines  in  any  other  man- 
ner than  by  the  dip  of  the  lode. 
End  Lines. 

Sec.  6.  If  the  top  or  apex  of  the  lode  in  its  longitudinal 
course  extends  beyond  the  exterior  lines  of  the  claim  at  any 
point  on  the  surface,  or  as  extended  vertically  downward,  such 
lode  may  not  be  followed  in  its  longitudinal  course  where  it 
is  intersected  by  the  exterior  lines. 

Jones  v.  Prospect  Tunnel  Co.,  21  Nev.  339. 
Relocation  in  Case  of  Defective  Certificate. 

See.  7.  If  at  any  time  the  locator  of  any  mining  claim  here- 
tofore or  hereafter  located,  or  his  assigns,  shall  apprehend  that 
his  original  certificate  was  defective,  erroneous,  or  that  the 
requirements  of  the  law  had  not  been  complied  with  before 
filing;  or  shall  be  desirous  of  changing  his  surface  boundaries 
or  of  taking  in  any  part  of  an  overlapping  claim  which  has 
been  abandoned;  or  in  case  the  original  certificate  was  made 
prior  to  the  passage  of  this  law,  and  he  shall  be  desirous  of 
securing  the  benefits  of  this  Act,  such  locator  or  his  assigns 
may  file  an  additional  certificate,  subject  to  the  provisions  of 
.this  Act ;  provided,  that  such  relocation  does  not  interfere  with 
the  existing  rights  of  others  at  the  time  of  such  relocation, 


56  MINING  LAWS  OF  NEVADA 

and  no  such  relocation  or  the  record  thereof  shall  preclude  the 
claimant  or  claimants  from  proving  any  such  titles  as  he  or 
they  may  have  held  under  previous  location. 
Phillpotts  v.  Blasdel,  8  Nev.  61. 

Relocation  and  Survey. 
Work  to  Be  Done  on  Relocation. 

Sec.  8.  The  relocation  of  abandoned  lode  claims  shall  be  by 
sinking  a  new  discovery  shaft  and  fixing  new  boundaries,  in 
the  same  manner  as  if  it  were  the  location  of  a  new  claim ;  or 
the  relocator  may  sink  the  original  discovery  shaft  ten  feet 
deeper  than  it  was  at  the  time  of  abandonment,  in  which  case 
the  record  must  give  the  depth  and  dimensions  of  the  original 
discovery  shaft  at  the  date  of  such  relocation,  and  erect  new 
or  adopt  the  old  boundaries,  renewing  the  posts  or  monuments 
if  removed  or  destroyed.  In  either  case  a  new  location  stake 
shall  be  erected.  In  any  case,  whether  the  whole  or  part  of  an 
abandoned  claim  is  taken,  the  record  may  state  that  the  whole 
or  any  part  of  the  new  location  is  located  as  abandoned  prop- 
erty. If  it  is  not  known  to  the  relocator  that  his  location  is  on 
an  abandoned  claim,  then  the  provisions  of  this  section  do  not 
apply. 

Sever  v.  Gergovich,  16  Nev.  325 ;  Rose  v.  Richmond  M.  Co., 
17  Nev.  25 ;  South  End  M.  Co.  v.  Tinney,  22  Nev.  19. 

Survey  and  Certificate  of  Surveyor  Become  Part  of  Record. 

Sec.  9.  Where  a  locator,  or  his  assigns,  has  the  boundaries 
and  corners  of  his  claim  established  by  a  United  States  deputy 
mineral  surveyor,  or  a  licensed  surveyor  of  this  State,  and  his 
claim  connected  with  the  corner  of  the  public  or  minor  surveys 
of  an  established  initial  point,  and  incorporates  into  the  record 
of  the  claim  the  field  notes  of  such  survey,  and  attaches  to  and 
files  with  such  location  certificate  a  certificate  of  the  surveyor, 
setting  forth:  First,  that  said  survey  was  actually  made  by 
him,  giving  the  date  thereof;  second,  the  name  of  the  claim 
surveyed  and  the  location  thereof;  third,  that  the  description 
Incorporated  in  the  declaratory  statement  is  sufficient  to  iden- 
tify. Such  survey  and  certificate  becomes  a  part  of  the  record, 
and  such  record  is  prima  facie  evidence  of  the  facts  therein 
contained. 

LOCATION  OF  PLACER  CLAIM. 

Statutes  1899,  p.  94. 
Location  of  Placer  Claim. 

Section  1.  The  location  of  a  placer  claim  shall  be  made  in 
the  following  manner :  By  posting  thereon,  upon  a  tree,  rock 


MINING  LAWS  OF  NEVADA  57 

in  place,  stone,  post,  or  monument,  a  notice  of  location,  con- 
taining the  name  of  the  claim,  name  of  locator  or  locators,  date 
of  location,  and  number  of  feet  or  acres,  claimed,  and  by  mark- 
ing the  boundaries  and  the  location  point  in  the  same  manner 
and  by  the  same  means  as  required  by  the  laws  of  this  State  for 
marking  the  boundaries  of  lode  claim  locations;  provided,  that 
where  the  United  States  survey  has  been  extended  over  the 
land  embraced  in  the  location,  the  claim  may  be  taken  by  legal 
subdivisions,  and,  except  the  marking  of  the  location  point  as 
hereinbefore  prescribed,  no  other  markings  than  those  of  said 
survey  shall  be  required. 

Relating  to  Location. 

Sec.  2.  Within  ninety  days  after  the  posting  of  the  notice 
of  location  of,  a  placer  claim,  the  locator  shall  perform  not  less 
than  twenty  dollars  worth  of  labor  upon  the  claim  for  the 
development  thereof,  and  shall  have  recorded  by  the  mining- 
district  recorder  and  the  County  Recorder  of  the  district  and 
county  in  Avhich  the  claim  is  situated  a  certificate  which  shall 
state  the  name  of,  the  claim,  designating  it  as  a  placer  claim, 
name  of  locator  or  locators,  date  of  location,  number  of  feet  or 
acres  claimed,  a  description  of  the  claim  with  regard  to  some 
natural  object  or  permanent  monument,  so  as  to  identify  the 
claim,  and  the  kind  and  amount  of  work  done  by  him  as  herein 
required,  and  the  place  on  the  claim  where  said  work  was 
done.  This  certificate,  or  the  record!  thereof,  or  a  duly  certified 
copy  of  said  record,  shall  be  prima  facie  evidence  of  the  re- 
citals therein.  But  if  such  certificate  do  not  state  all  the  facts 
herein  required  to  be  stated,  it  shall  be  void. 

Note.' — A  decision  of  the  Supreme  Court  in  the  case  of  Butte 
City  Water  Co.  vs.  Baker  practically  establishes  the  validity  of 
the  above  Act.  The  case  is  reported  in  196,  TJ.  S.,  page  119. 

LOCATION  OF  TUNNEL  RIGHT. 

Statutes  1897,  p.  108. 
Notice  to  Contain. 

Section  1.  The  locator  of  a  tunnel  right  or  location  shall 
locate  his  tunnel  right  or  location  by  posting  a  notice  of  location 
at  the  face  or  point  of  commencement  of  the  tunnel,  which  must 
contain :  First— The  name  of  the  locator  or  locators.  Second— 
The  date  of  the  location.  Third— The  proposed  course  or  direc- 
tion of  the  tunnel.  Fourth— The  height  and  width  thereof. 
Fifth — The  position  and  character  of  the  boundary  monuments. 
Sixth— A  description  of  the  tunnel  by  such  reference  to  a  nat- 
ural object  or  permanent  monument  as  shall  identify  the  claim 
or  tunnel  right. 


58  MINING  LAWS  OF  NEVADA 

Boundary  Lines. 

See.  2.  The  boundary  lines  of  the  tunnel  shall  be  established 
by  stakes  or  monuments  placed  along  such  lines  at  an  interval 
of  not  more  than  three  hundred  feet  from  the  face  or  point  of 
commencement  of  the  tunnel  to  the  terminus  of  three  thousand 
feet  therefrom.  The  stakes  or  monuments  shall  be  of  the  same 
size  and  character  as  those  provided  forvlode  or  placer  claims 
in  this  Act. 

Locator  Shall  Record. 

Sec.  3.  The  locator  of  a  tunnel  right  or  location  shall,  within 
sixty  days  of  the  date  of  the  location,  record  his  location  with 
the  mining  district  recorder  and  the  County  Recorder  of  the 
county  or  district  in  which  such  location  is  situated,  which 
must  be  similar  in  all  respects  to  the  one  posted  on  the  location. 
Any  record  of  a  tunnel  right  or  location  which  shall  not  contain 
all  the  requirements  named  in  this  section  shall  be  void. 

Relating  to  Blind  Lodes  or  Veins. 

Sec.  4.  All  blind  lodes,  or  veins  or  lodes  not  previously 
known  to  exist,  discovered  in  a  tunnel  run  for  the  development 
of  a  vein  or  lode,  or  for  the  discovery  of  mines,  and  within 
three  thousand  feet  from  the  face  of  such  tunnel,  shall  be  lo- 
cated upon  the  surface  and  held  in  like  manner  as  other  lode 
claims  under  the  provisions  of  this  Act. 

Provisions  of  Act  Applicable. 

Sec.  5.  The  provisions  of  this  Act  shall  be  construed  as 
equally  applicable  to  all  classes  of  location  except  where  the 
requirement  as  to  any  one  class  is  manifestly  inapplicable  to 
any  other  class  or  classes. 

LOCATION  OF  SALINE  LANDS. 
Location  of  Saline  Lands. 

Section  1.  Any  person  may  locate,  claim  and  hold  not  ex- 
ceeding one  hundred  and  sixty  acres  of  the  public  lands  within 
this  State  containing  salt  or  saline  matter. 

Duty  of  Persons  Locating  Saline  Lands. 

Sec.  2.  It  shall  be  the  duty  of  any  person  or  persons  locating 
salt  lands  to  have  the  same  surveyed  by  the  County  Surveyor 
of  the  county  in  which  said  lands  are  located,  within  thirty 
days  from  the  date  of  location;  and  the  surveyor  shall,  within 


MINING  LAWS  OF  NEVADA  59 

thirty  days  from  the  completion  of  said  survey,  make  and  de- 
liver to  the  party  employing  him  to  make  the  survey,  a  correct 
description  and  plat  of  the  lands  thus  surveyed,  and  the  same 
shall  be  recorded  in  the  office  of  the  County  Recorder  of  said 
county  within  thirty  days  from  the  delivery  thereof  by  the 
surveyor. 

Prior  Locations  Ratified. 

Sec.  3.  All  locations  made  prior  to  the  passage  of  this  Act 
upon  saline  lands  are  hereby  ratified  and  confirmed  to  the  lo- 
cators thereof,  their  heirs  and  assigns;  provided,  the  parties 
now  holding  and  occupying  said  la"nds  shall,  within  sixty  days 
from  the  passage  of  this  Act,  have  the  same  surveyed  and  re- 
corded as  provided  in  section  two  of  this  Act. 

When  Subject  to  Relocation. 

Sec.  4.  All  persons  claiming  and  holding  saline  lands  under 
the  provisions  of  this  Act  shall  keep  and  hold  actual  possession 
of  said  lands  by  occupying  the  same,  and  whenever  said  lands 
are  abandoned  for  a  period  longer  than  sixty  days,  the  same 
shall  be  subject  to  relocation. 

LOCATION  OF  MILL  SITE. 

Statutes  1897,  p.  107. 
Mill  Site. 

Section  1.     The  proprietor  of  a  vein  or  lode  claim  or  mine, 
or  the  owner  of  a  quartz  mill  or  reduction  works,  may  locate 
five  acres  of  non-mineral  land  as  a  mill  site. 
Notice  to  Contain. 

Sec.  2.  The  locator  of  a  mill  site  location  shall  locate  his 
claim  by  posting  a  notice  of  location  thereon,  which  must  con- 
tain :  First — The  name  of  the  locator  or  locators.  Second — 
The  name  of  the  vein,  or  lode  claim,  or  mine,  of  which  he  is 
the  proprietor,  or  the  name  of  the  quartz  mill  or  reduction 
works  of  which  he  is  the  owner.  Third — The  date  of  the  loca- 
tion. Fourth— The  number  t)f  feet  or  acres  claimed.  Fifth— 
A  description  of  the  claim  by  such  reference  to  a  natural  object 
or  permanent  monument  as  shall  identify  the  claim  or  "mill  site. 
And  by  marking  the  boundaries  of  his  claim  in  the  same  man- 
r>er  as  provided  in  this  Act  for  the  marking  of  the  boundaries 
of  a  placer  mining  claim,  so  far  as  the  same  may  be  applicable 
thereto. 
Locator  Shall  Record. 

Sec.  3.  The  locator  of  a  mill  site  claim  or  location  shall, 
within  thirty  days  from  the  date  of  his  location,  record  his 


60  MINING  LAWS  OF  NEVADA 

location  with  the  mining  district  recorder  and  the  County 
Recorder  of  the  district  or  county  in  which  such  location  is 
situated,  by  a  location  certificate  which  must  be  similar  in  all 
respects  to  the  one  posted  on  the  location. 

When  Location  is  Void. 

Sec.  4.  Any  record  of  a  mill  site  location  which  shall  not 
contain  the  name  of  the  locator  or  locators,  the  name  of  the 
vein  or  lode  claim  or  mine  of  which  the  locator  is  the  proprietor, 
or  the  name  of  the  quartz  mill  or  reduction  works  of  which  the 
locator  is  the  owner,  the  number  of  feet  or  acres  claimed,  and 
such  description  as  shall  identify  the  claim  with  reasonable 
certainty,  shall  be  void. 

Robinson  v.  Imperial  M.  Co.,  5  Nev.  44;  Hamburg  M.  Co. 
v.  Stevenson,  17  Nev.  450. 

ASSESSMENT  WORK. 
Amount  of  Work  to  Hold  Possession. 

Section  1.  The  amount  of  work  done  or  improvements  made 
during  each  year  to  hold  possession  of  a  mining  claim  shall  be 
that  prescribed  by  the  laws  of  the  United  States,  to-wit :  One 
hundred  dollars  annually.  In  estimating  the  worth  of  labor 
required  to  be  performed  upon  any  mining  claim,  to  hold  the 
same  under  the  laws  of  the  United  States,  the  value  of  a  day's 
labor  is  hereby  fixed  at  the  sum  of  four  dollars ;  provided,  how- 
ever, that  in  the  sense  of  this  statute  eight  hours  of  labor 
actually  performed  upon  the  mining  claim  shall  constitute  a 
day's  labor. 

Affidavit  of  Work  Performed. 

Sec.  2.  Within  sixty  days  after  the  performance  of  labor  or 
making  of  improvements,  required  by  law  to  be  annually  per- 
formed or  made  upon  any  mining  claim,  the  person  in  whose 
behalf  such  labor  was  performed  or  improvements  made,  or 
someone  in  his  behlf,  shall  make  and  have  recorded  by  the  min- 
ing district  recorder  or  the  County  Recorder,  in  books  kept  for 
that  purpose,  in  the  mining  district  or  county  in  which  such 
mining  claim  is  situated,  an  affidavit  setting  forth  the  amount 
of  money  expended,  or  value  of  labor  or  improvements  made, 
or  both,  the  character  of  expenditures  or  labor  or  improve- 
ments, a  description  of  the  claim  or  part  of  the  claim  affected 
by  such  expenditures,  or  labor  or  improvements,  for  what  year, 
and  the  name  of  the  owner  or  claimant  of  said  claim  at  whose 
expense  the  same  was  made  or  performed.  Such  affidavit,  or 
a  copy  thereof,  duly  certified  by  the  County  Recorder,  shall  be 


MINING  LAWS  OF  NEVADA  61 

prima  facie  evidence  of  the  performance  of  such  labor  or  the 
making  of  such  improvements,  or  both. 
Sees.  1  and  2,  Statutes  1897,  p.  105. 

Recorder's  Fee. 

Sec.  3.  For  taking  and  recording  the  affidavit  herein  re- 
quired the  mining  recorder  shall  receive  a  fee  of  one  dollar. 

Records  to  Impart  Notice. 

Sec.  4.     The  instruments  and  Records  mentioned  in  sections 
one  and  two  shall  be  deemed  to  impart  to  subsequent  pur- 
chasers and  incumbrancers,  and  to  all  other  persons  whomso- 
ever, notice  of  the  contents  thereof. 
Sees.  3  and  4,  Statutes  1887,  p.  137. 

Delinquency  of  Coowners. 
Notice  to  a  Delinquent— Proviso— Penalty. 

Sec.  5.  Whenevr  a  coowner  or  coowners  shall  give  to  a  de- 
linquent coowner  or  coowners  the  notice  in  writing  or  notice  by 
publication  provided  for  in  Section  2324,  Revised  Statutes  of 
the  United  States,  an  affidavit  of  the  person  giving  such  notice, 
stating  the  time,  place,  manner  of  service  and  by  whom  and 
upon  whom  such  service  was  made,  shall  be  attached  to  a  true 
copy  of  such  notice,  and  such  notice  and  affidavit  must  be 
recorded  by  the  mining  district  recorder  or  the  County  Re- 
corder, in  books  kept  for  that  purpose,  in  the  mining  district 
or  county  in  which  the  claim  is  situated;  within  ninety  days 
after  the  giving  of  such  notice,  or  if  such  notice  is  given  by 
publication  in  a  newspaper,  there  shall  be  attached  to  a  printed 
copy  of  such  notice  an  affidavit  of  the  printer  or  his  foreman 
or  principal  clerk  of  such  paper,  stating  the  date  of  the  first, 
last  and  each  insertion  of  such  notice  therein,  and  when  and 
where  the  newspaper  was  published  during  that  time,  and  the 
name  of  such  newspaper.  Such  affidavit  and  notice  shall  be 
recorded  as  aforesaid  within  one  hundred  and  eighty  days  after 
the  first  publication  thereof.  The  original  of  such  notice  and 
affidavits,  or  a  duly  certified  copy  of  the  record  thereof,  shall 
be  evidence  that  the  delinquent  mentioned  in  Section  2324  has 
failed  or  refused  to  contribute  his  proportion  of  the  expenditure 
required  by  that  section  and  of  the  service  or  publication  of 
said  notice;  provided,  the  writing  or  affidavit  hereinafter  pro- 
vided for  is  not  of  record.  If  such  delinquent  shall,  within  the 
ninety  days  required  by  Section  2324  aforesaid,  contribute  to 
his  coowner  or  coowners  his  proportion  of  such  expenditures, 
such  coowner  or  coowners  shall  sign  and  deliver  to  the  de- 


62  MINING  LAWS  OF  NEVADA 

linquent  or  delinquents  a  writing,  stating  that  the  delinquent 
or  delinquents  by  name,  has  within  the  time  required  by 
Section  2324  of  the  Revised  Statutes  of  the  United  States  con- 
tributed his  share  for  the  year ,  upon  the  mine, 

and  further  stating  therein  the  district,  county  and  State 
wherein  the  same  is  situate  and  the  book  and  page  where  the 
location  notice  is  recorded;  such  writing  shall  be  recorded  in 
the  office  of  the  County  Recorder  of  said  county.  If  such 
coowner  or  coowners  shall  fail  to  sign  and  deliver  such  writing 
to  the  delinquent  or  delinquents  within  twenty  days  after  such 
contribution,  the  coowner  or  coowners  so  failing  as  aforesaid 
shall  be  liable  to  a  penalty  of  one  hundred  dollars,  to  be  re- 
covered by  any  person  for  the  use  of  the  delinquent  or  delin- 
quents in  any  court  of  competent  jurisdiction.  If  such  coowner 
or  coowners  fail  to  deliver  such  writing  within  said  twenty 
days,  then  the  delinquent,  with  two  disinterested  persons  hav- 
ing personal  knowledge  of  such  contribution,  may  make  affi- 
davit setting  forth  in  what  manner,  the  amount  of,  to  whom 
and  upon  what  mine  such  contribution  was  made.  Such  affi- 
davit, or  a  record  thereof  in  the  office  of  the  County  Recorder 
of  the  county  in  which  said  mine  is  situate,  shall  be  prima 
facie  evidence  of  such  contribution. 
Statutes  1897,  p.  106. 

MINING   RECORDER  AND   RECORDS. 
Records  Impart  Notice  and  Are  Received  in  Evidence. 
Duties  of  Mining  Recorders— Duplicate  Notices. 

Section  1.  It  shall  be  the  duty  of  each  and  every  mining 
recorder  of  the  several  mining  districts  of  the  State  to  require 
all  persons  locating  and  recording  a  mining  claim  to  make  a 
duplicate  copy  of  each  and  every  mining  notice,  which  copy 
the  said  mining  recorder  shall  carefully  compare  with  the 
original,  and  mark  "duplicate"  on  its  face  or  margin,  and  he 
shall  immediately  deposit  with  or  transmit  the  same  to  the 
County  Recorders  of  the  respective  counties  in  which  said  min- 
ing district  may  be  located. 

Fee  to  Be  Collected. 

Sec.  2.  The  said  district  mining  recorders,  at  the  time  of 
comparing  said  duplicate  notices  with  the  original,  shall  collect 
from  the  locators  of  said  mining  claims  the  sum  of  one  dollar 
for  each  and  every  notice  compared,  which  sum  he  shall  trans- 
mit, together  with  the  said  duplicate  notices,  to  the  County 
Recorders  of  the  respective  counties  in  which  said  mining 
claims  shall  be  located. 


MINING  LAWS  OF  NEVADA  63 

Duplicates  to  Be  Filed. 

Sec.  3.  "Whenever,  oAving  to  the  distance  of  the  mining  dis- 
trict from  the  county  seat,  it  becomes  inconvenient  for  the 
district  mining  recorder  to  personally  deposit  the  duplicate 
copy  with  the  County  Recorder,  then  in  that  case  he  may  for- 
ward the  same  by  mail  or  express,  or  such  other  manner  as 
will  insure  safe  transit  and  delivery  to  the  County  Recorder. 

Fees  for  Recording. 

Sec.  4.  The  County  Recorders  of  the  several  counties  shall 
receive  for  their  services  for  recording  each  of  said  duplicate 
notices  mentioned  in  section  two  of  this  Act,  the  sum  of  one 
dollar ;  provided,  that  in  case  the  location  is  made  outside  'of 
any  organized  mining  district  or  in  the  absence  of  a  mining  re- 
corder in  any  organized  district,  then  the  person  or  persons 
making  location  shall,  within  ninety  days  after  making  such 
location,  transmit  a  duplicate  copy  of  such  notice  to  the  Re- 
corder of  the  county  in  which  the  location  is  made,  and  the 
Recorder  shall  record  the  same  for  a  fee  of  one  dollar. 

Duplicate  Notice  to  Have  Force. 

Sec.  5.  The  record  of  any  original  or  duplicate  notice  of  the 
location  of  a  mining  claim  in  the  office  of  the  County  Recorder, 
as  herein  provided,  shall  be  received  in  evidence,  and  have  the 
same  force  and  effect  in  the  courts  of  the  State  as  the  original 
mining  district  records. 

Sees.  4  and  5  as  amended  Statutes  1897,  p.  77. 

Penalty. 

Sec.  6.  Any  person  neglecting  or  refusing  to  comply  with 
the  provisions  of  this  Act,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and,  upon  conviction  thereof,  shall  be  punished  by 
a  fine  not  exceeding  five  hundred  dollars,  or  by  imprisonment 
in  the  county  jail  not  exceeding  six  months,  or  by  such  fine  and 
imprisonment. 

County  Recorders  to  Be  Ex-Officio  District  Mining  Recorders. 

Sec.  7.  In  every  mining  district  in  this  State,  in  which  the 
seat  of  government  of  any  county  is  situated,  the  County  Re- 
corder of  said  county  shall  be  ex-officio  district  mining  recorder, 
subject  in  the  discharge  of  his  duties  to  such  rules,  regulations 
and  compensations  as  may  be  now  in  force  or  hereafter  pre- 
_scribed  by  the  mining  laws  of  the  mining  districts  respectively 
to  which  this  Act  is  applicable.  He  shall,  as  such  ex-offieio 
mining  recorder,  be  responsible  on  his  official  bond  for  the 


64  MINING  LAWS  OF  NEVADA 

faithful  performance  of  the  duties  of  his  office  and  the  correct 
and  safe  keeping  of  all  the  records  thereof,  and  the  correct  and 
safe  keeping  of  the  copies  of  all  the  records  mentioned  and  re- 
ferred to  in  section  two  of  this  Act. 
Records  to  Impart  Notice. 

Sec.  8.  All  instruments  of  writing  relating  to  mining  claims 
now  copied  into  books  of  mining  or  other  records,  now  in  the 
office  of  the  County  Recorders  of  the  several  counties  of  this 
State,  shall,  after  the  passage  of  this  Act,  be  deemed  to  impart 
to  subsequent  purchasers  and  incumbrancers,  and  all  other 
persons  whomsoever,  notice  of  the  contents  thereof;  provided, 
that  nothing  herein  contained  shall  be  construed  to  affect  any 
lights  heretofore  acquired  or  vested. 

Copies  May  Be  Read  in  Evidence. 

Sec.  9.  Copies  of  the  records  of  all  such  instruments  men- 
tioned in  section  one  of  this  Act,  duly  certified  by  the  Recorder 
in  whose  custody  such  records  are,  may  be  read  in  evidence 
under  the  same  circumstances  and  rules  as  are  now  or  may 
hereafter  be  provided  by  law,  for  using  copies  of  instruments 
relating  to  mining  claims  or  real  estate,  duly  executed  or 
acknowledged,  or  proved  and  recorded. 

Golden  Fleece  v.  Cable  Consolidated  M.  Co.,  12  Nev.  312 ; 
Southern  Cross  G.  &  S.  M.  Co.  v.  Europia  M.  Co.,  15 
Nev.  383 ;  Paujade  v.  Ryan,  21  Nev.  449 ;  Brady  v.  Hus- 
by,  21  Nev.  453. 

CONVEYANCE  OF  MINING  CLAIM. 
In  Same  Manner  as  Real  Estate. 

Section  1.  Conveyance  of  mining  claims  shall  hereafter  re- 
quire the  same  formalities  and  be  subject  to  the  same  rules  of 
construction  as  the  transfers  and  conveyances  of  other  real 
estate. 

Hale  &  Norcross  G.  &  S.  M.  Co.  v.  Storey  County  et  al.,  1 
Nev.  104 ;  Phillpotts  v.  Blasdell,  8  Nev.  61 ;  Weill  v.  Lu- 
cerne M.  Co.,  11  Nev.  200 ;  Gruber  v.  Baker,  20  Nev.  453. 

Former  Conveyances  Construed. 

Sec.  2.  All  conveyances  of  mining  claims  heretofore  made 
by  bills  of  sale  or  other  instruments  in  writing,  with  or  with- 
out seals,  recorded  or  unrecorded,  shall  be  construed  in  accord- 
ance with  the  lawful  local  rules,  regulations  and  customs  of  the 
miners  in  the  several  mining  districts  of  this  territory;  and  if 
heretofore  regarded  valid  and  binding  in  such  districts,  shall 
have  the  same  force  and  effect  between  the  parties  thereto,  as 


MINING  LAWS  OF  NEVADA  65 

prima  facie  evidence  of  sale,  as  if  such  conveyances  had  been 
made  by  deed  under  seal. 

How  Proved. 

Sec.  3.  The  location  and  transfers  of  mining  claims  here- 
tofore made,  shall  be  established  and  proved  in  contestation 
before  courts,  by  the  local  rules,  regulations  or  customs  of  the 
miners  in  the  several  mining  districts  of  the  territory  in  which 
such  location  and  transfers  were  made. 

Van  Valkenburg  et  al.  v.  Huff  et  al.,  1  Nev.  142 ;  Mallett 

v.  Uncle  Sam  G.  &  S.  M.  Co.,  1  Nev.  188;  Oreamuno  v. 

Uncle  Same  G.  &  S.  M.  Co.,  1  Nev.  217 ;  Smith  et  al.  v. 

North  American  Mining  Co.,  1  Nev.  423 ;  Chase  v.  Savage 

S.  M.  Co.,  2  Nev.  9;  Bullion  M.  Co.  v.  Croesus  G.  &  S. 

M.  Co.,  2  Nev.  168;  Gottschall  et  al.  v.  Melsing  et  al., 

2  Nev.  185. 

Lands  Defined. 

Sec.  4.  The  term  "lands,"  as  used  in  this  Act,  shall  be  con- 
strued as  coextensive  in  meaning  with  lands,  tenements,  and 
hereditaments,  and  shall  include  in  its  meaning  all  possessory 
right  to  the  soil  for  mining  and  other  purposes,  and  the  term 
"estate  and  interest  in  lands,"  shall  be  construed  and  embrace 
every  estate  and  interest,  present  and  future,  vested  and  con- 
tingent, in  lands  as  above  denned. 

Mortgage  to  Be  Recorded. 

Sec.  5.  A  mortgage  for  a  good  and  valuable  consideration 
upon  possessory  claims  to  public  lands,  all  buildings  and  im- 
provements upon  such  lands,  all  quartz  and  mining  claims,  and 
all  such  personal  property  as  shall  be  fixed  in  its  structure  to 
the  soil,  acknowledged  in  manner  and  form  as  mortgages  upon 
real  estate  are  required  by  la~w  to  be  acknowledged  and  record- 
ed in  the  office  of  the  Recorder  in  the  county  in  which  the 
property  is  situated,  shall  have  the  same  effect  against  third 
persons  as  mortgages  upon  real  estate. 
Capon  v.  Stout,  11  Nev.  304. 

Mining  Rules. 

Sec.  6.  This  Act  shall  not  be  so  construed  as  to  interfere 
or  conflict  with  the  lawful  mining  rules,  regulations,  or  customs 
in  regard  to  the  locating,  holding,  or  forfeiture  of  claims,  but, 
in  all  cases  of  mortgages  of  mining  interests  under  this  Act,  the 
mortgagee  shall  have  the  right  to  perform  the  same  acts  that 
the  mortgagor  might  have  performed  for  the  purpose  of -pre- 


66  MINING  LAWS  OF  NEVADA 

venting  a  forfeiture  of  the  same  under  the  said  rules,  regula- 
tions, or  customs  of  mines,  and  shall  be  allowed  such  compensa- 
tion therefor  as  shall  be  deemed  just  and  equitable  by  the  court 
ordering  the  sale  upon  a  foreclosure ;  provided,  that  such  com- 
pensation shall,  in  no  case,  exceed  the  amount  realized  from  the 
claim  by  a  foreclosure  and  sale. 

Deed  of  Minor  Held  Valid— Proviso— Suits  'Pending. 

Sec.  7.  In  all  cases  in  this  State  since  the  first  day  of  July, 
A.  D.  eighteen  hundred  and  sixty-seven,  where  minors  over  the 
age  of  eighteen  years  have  sold  interests  acquired  by  them  in 
mining  claims  or  locations  by  virtue  of  their  having  located 
such  claims,  or  having  been  located  therein  by  others  and  have 
executed  deeds  purporting  to  convey  such  interests,  such  deeds, 
if  otherwise  sufficient  in  law,  shall  be  held  valid  and  sufficient 
to  convey  such  interest  fully  and  completely,  notwithstanding 
the  minority  of  the  grantor,  and  without  any  power  or  right  of 
subsequent  revocation ;  provided,  that  this  section  shall  not  ap- 
ply to  cases  where  any  fraud  was  practiced  upon  such  minor, 
or  any  undue  or  improper  advantage  was  taken  by  his  pur- 
chaser or  any  other  person  to  induce  such  minor  to  execute 
such  deed ;  and,  provided  further,  that  this  section  shall  not  ap- 
ply to  or  affect  any  suits  which  may  now  be  pending  in  any 
courts  of  this  State,  in  which  the  legality  or  validity  of  such 
deeds  may  be  involved. 

Minors  Empowered  to  Sell  or  Convey. 

Sec.  8.  All  minors  in  this  State,  over  the  age  of  eighteen 
years,  are  hereby  authorized  and  empowered  to  sell  and  convey 
by  deed  such  interests  as  they  may  have  acquired,  or  may  here- 
after acquire,  in  mining  claims  or  mining  locations  within  this 
State,  by  virtue  of  locating  the  same,  or  being  located  therein, 
and  such  deed  shall,  if  otherwise  sufficient  in  law,  be  held  valid 
and  sufficient  to  convey  such  interest  fully  and  completely,  and 
without  the  right  of  subsequent  revocation,  notwithstanding 
the  minority  of  the  grantor,  subject,  however,  to  the  same  pro- 
visions and  limitations  contained  in  the  first  section  of  this  act. 

ACTIONS  FOR  TITLE  AND  POSSESSION. 
Application  for  Patent— Jurisdiction  of  Court. 
Right  of  Possession. 

Section  1.  In  all  actions  brought  to  determine  the  right  of 
possession  of  a  mining  claim,  or  metalliferous  vein  or  lode, 
where  an  application  has  been  made  to  the  proper  officers  of  the 
Government  of  the  United  States  by  either  of  the  parties  to 


MINING  LAWS  OF  NEVADA  67 

such  action  for  a  patent  for  said  mining  claim,  vein,  or  lode,  it 
shall  only  be  necessary  to  confer  jurisdiction  on  the  court  to  try 
said  action,  and  render  a  proper  judgment  therein,  that  it  ap- 
pear that  an  application  for  a  patent  for  such  mining  claim, 
vein,  or  lode  has  been  made,  and  that  the  parties  to  said  action 
are  claiming  such  mining  claim,  vein,  or  lode,  or  some  part 
thereof,  or  the  right  of  possession  thereof. 

Golden  Fleece  v.  Cable  Con.  Mining  Co.,  12  Nev.  312 ;  Rose 
v.  Richmond  Mining  Co.,  17  Nev.  25;  Gottschall  v.  Mel- 
sing,  2  Nev.  185;  Chase  v.  Savage  S.  M.  Co.,  2  Nev.  9; 
Bullion  M.  Co.  v.  Croesus  G.  &  M.  Co.,  2  Nev.  168 ;  Stone- 
cifer  v.  Yellow  Jacket  S.  M.  Co.,  3  Nev.  39 ;  Schissler  v. 
Chesshire,  7  Nev.  434;  Welland  v.  Huber,  8  Nev.  203; 
Rogers  v.  Cooney,  7  Nev.  213 ;  Hamburg  M.  Co.  v. 
Stevenson,  17  Nev.  450 ;  Patchen  v.  Kelley,  19  Nev.  404 ; 
Deno  v.  Griffin,  20  Nev.  249;  Jones  v.  Prospect  Tunnel 
Co.,  21  Nev.  339;  South  End  Mining  Co.  v.  T;nney,  22 
Nev.  19 ;  Abbott  v.  Primeaux,  16  Nev.  361 ;  Steel  v.  Gold 
Lead  G.  &  S.  M.  Co.,  18  Nev.  80. 

Trial,  When  Postponed. 

Sec.  2.  In  actions  involving  the  title  to  mining  claims  and 
quartz  ledges,  if  it  be  made  to  appear  to  the  satisfaction  of  the 
court  that  in  order  that  justice  may  be  done,  and  the  action 
fairly  tried  on  its  real  merits,  it  is  necessary  that  further  de- 
velopments should  be  made,  and  that  the  party  applying  has 
been  guilty  of  no  laches  and  is  acting  in  good  faith,  the  court 
shall  grant  the  postponement  of  the  trial  of  the  action,  giving 
the  party  a  reasonable  time  in  which  to  prepare  for  trial.  And 
in  granting  such  postponement,  the  court  may,  in  its  discretion, 
annex  as  a  condition  thereto,  an  order  that  the  party  obtaining 
such  postponement  shall  not,  pending  the  trial  of  the  action, 
remove  from  the  premises  in  controversy  any  valuable  quartz, 
rock,  earth,  or  ores,  and  for  any  violation  of  an  order  so  made, 
the  court  or  the  judge  thereof  may  punish  for  contempt,  as  in 
the  cases  of  violation  of  an  order  of  injunction,  and  may  also 
vacate  the  order  of  postponement. 

Choate  &  Brown  v.  Bullion  Mining  Co.,  1  Nev.  73 ;  Silver 
Mining  Co.  v.  Fall,  6  Nev.  116. 

STATUTE  OF  LIMITATIONS. 
-Recovery  of  Mining  Claims. 

Section  1.     No  action  for  the  recovery  of  mining  claims,  or 


68  MINING  LAWS  OF  NEVADA 

for  the  recovery  of  the  possession  thereof,  shall  be  maintained, 
unless  it  shall  appear  that  the  plaintiff,  or  those  through  or 
from  whom  he  claims,  were  seized  or  possessed  of  such  mining 
claim,  or  were  the  owners  thereof,  according  to  the  laws  and 
customs  of  the  district  embracing  the  same,  within  two  years 
before  the  commencement  of  such  action.  Occupation  and  ad- 
verse possession  of  a  mining  claim  shall  consist  in  holding  and 
working  the  same,  in  the  usual  and  customary  mode  of  holding 
and  working  similar  claims  in  the  vicinity  thereof.  All  the 
provisions  of  this  act,  which  apply  to  other  real  estate,  so  far  as 
applicable,  shall  be  deemed  to  include  and  apply  to  mining 
claims;  provided,  that  in  such  application  "two  years"  shall  be 
held  to  be  the  period  intended  whenever  the  term  "five  years" 
is  used;  and,  provided  further,  that  when  the  term  "legal  title" 
or  "title"  are  used,  they  shall  be  held  to  include  title  acquired 
by  location  or  occupation,  according  to  the  usages,  laws,  and 
customs  of  the  district  embracing  the  claim. 

Bullion  M.  Co.  v.  Croesus  G.  &  S.  M.  Co.,  2  Nev.  169 ;  Gott- 
schall  v.  Melsing,  2  Nev.  185 ;  The  420  Mining  Co.  v.  Bul- 
lion Mining  Co.,  9  Nev.  240 ;  Abernathie  v.  Con.  Virginia 
Mining  Company,  16  Nev.  261. 

LIEN-EXEMPTION-INJUNCTION. 
Preferred  Lien. 

Section  1.  Where  ore  is  delivered  to  a  custom  mill  or  re- 
duction works,  and  either  sold  to  said  mill  or  reduction  works, 
or  worked  at  a  percentage,  the  party  or  parties  so  furnishing 
ore  to  mill  or  reduction  works  shall  have  a  preferred  lien  upon 
the  bullion  product,  and  upon  the  ore  not  reduced,  as  against 
attachment  and  other  creditors. 

Lien  on  Mine  for  Wages  and  Material. 

Sec.  2.  All  miners,  laborers  and  others  who  work  or  labor  to 
the  amount  of  five  (5)  dollars  or  more  in  or  upon  any  mine,  or 
upon  any  shaft,  tunnel,  adit,  or  other  excavation,  designed  or 
used  for  the  purpose  of  prospecting,  draining  or  working  any 
such  mine;  and  all  persons  who  shall  furnish  any  timber  or 
other  material  of  the  value  of  five  (5)  dollars  or  more,  to  be 
used  in  or  about  any  such  mine,  whether  done  or  furnished  at 
the  instance  of  the  owner  of  such  mine  or  his  agent,  shall  have, 
and  may  each  respectively  claim  and  hold,  a  lien  upon  such 
mine  for  the  amount  and  value  of  the  work  or  labor  so  perform- 
ed, or  material  furnished ;  and  every  contractor,  sub-contractor, 
architect,  builder,  or  other  persons,  having  charge  or  control  or 


MINING  LAWS  OF  NEVADA  69 

any  mining  claim,  or  any  part  thereof,  or  of  the  construction, 
alteration  or  repair,  either  in  whole  or  in  part,  of  any  building 
or  other  improvement,  as  aforesaid,  shall  be  held  to  be  the 
agent  of  the  owner,  for  the  purposes  of  this  chapter. 

Shyrme  v.  Occidental  M.  Co.,  8  Nev.  219 ;  Capon  v.  Stout, 

11  Nev.  304 ;  Rosena  v.  Trowbridge,  20  Nev.  105 ;  Lonkey 

v.  Keyes  S.  M.  Co.,  21  Nev.  312. 
Miner's  Property  Exempt  from  Execution. 

Sec.  3.  The  cabin  or  dwelling  of  a  miner,  not  exceeding  in 
value  the  sum  of  five  hundred  dollars;  also  his  sluices,  pipes, 
hose,  windlass,  whim,  derrick,  cars,  pumps,  tools,  implements, 
and  appliances  necessary  for  carrying  on  any  kind  of  mining 
operations,  not  exceeding  in  value  the  aggregate  sum  of  five 
hundred  dollars,  and  two  horses,  mules,  or  oxen,  with  their 
harness,  and  food  for  such  horses,  oxen  or  mules  for  one  month, 
when  necessary  to  be  used  for  any  whim,  windlass,  derrick,  car, 
pump,  or  hoisting  apparatus,  are  exempt  from  execution. 

Injunction  on  Working  of  Mine.  . 

Sec.  4.  If,  upon  the  hearing  of  an  application  for  an  injunc- 
tion, or  for  the  dissolution  of  an  injunction,  it  does  not  satis- 
factorily appear  that  there  is  a  sufficient  cause  for  an  injunc- 
tion, or  if  it  appear  that  the  extent  of  the  injunction  is  too 
great,  it  shall  be  refused,  dissolved,  or  modified,  as  the  case 
may  be,  and  upon  all  such  applications  in  actions  respecting 
mines,  the  court  or  judge  hearing  the  same  may,  instead  oi 
granting  or  continuing  the  injunction,  make  an  order  requiring 
the  party  against  whom  the  application  is  made  to  give  a  bond 
in  an  amount  fixed  by  such  court  or  judge,  with  sufficient 
sureties,  to  be  approved  by  such  court  or  judge,  conditioned 
for  the  payment  to  the  plaintiff  of  all  damages  which  he  may 
sustain  by  reason  of  the  use  or  occupation  of  the  mine,  or  other 
acts  complained  of,  by  the  party  giving  the  bond,  his  or  its 
agents,  servants,  employees,  grantees,  or  other  persons  by  his 
or  its  consent  pending  the  litigation,  if  the  plaintiff  finally  re- 
cover; or  that  upon  failure  to  give  such  bond  within  the  time 
prescribed  in  the  order,  the  injunction  shall  be  granted,  or  con- 
tinued, as  the  case  may  be ;  or  the  court  or  judge  may  appoint 
a  receiver  to  take  charge  of  the  mine,  or  the  proceeds  thereof, 
pending  the  litigation. 

Sherman  v..  Clark,  4  Nev.  138. 

ASSAYING. 

Description  of  Bars  of  Bullion. 

Section  1.     Every  person  or  firm  now  engaged  in,  or  who 


70  MINING  LAWS  OF  NEVADA 

may  hereafter  engage  in,  the  business  of  assaying  within  the 
State  of  Nevada,  shall  be  required  to  place  a  written  descrip- 
tion pasted  on  or  stamped  upon  every  bar  of  bullion  or  amal- 
gam melted,  retotrd,  assayed,  or  refined  by  such  person  or  firm. 

Neglect  or  Refusal. 

Sec.  2.  Every  person  or  firm  within  the  State  of  Nevada,  en- 
gaged in  or  carrying  on  the  business  mentioned  in  the  first  sec- 
tion of  this  act,  who  shall  neglect  or  refuse  to  comply  with  its 
provisions,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof,  shall  be  punished  by  a  fine  of  not  less  than 
one  thousand  dollars  and  not  more  than  five  thousand  dollars, 
and  shall  be  imprisoned  in  the  county  jail  not  less  than  one 
month  nor  more  than  six  months,  for  each  and  every  such  re- 
fusal or  neglect. 

Kennedy  v.  Schwartz,  13  Nev.  229. 

FALSE  STATEMENT  REGARDING  ORE. 
Changing  Value  of  Ores  a  Misdemeanor— Penalty. 

Section  1.  Any  person,  corporation,  or  association,  or  the 
agent  of  any  person,  corporation,  or  association,  engaged  in  the 
milling,  smelting,  sampling,  concentrating,  reducing,  shipping 
or  purchasing  of  ores  in  this  State,  who  shall  in  any  manner 
knowingly  alter  or  change  the  true  value  of  any  ores  delivered 
to  him  or  them,  so  as  to  deprive  the  seller  of  the  correct  value  of 
the  same,  or  who  shall  substitute  other  ores  for  those  delivered 
to  him  or  them,  or  who  shall  issue  any  bill  of  sale  or  certificate 
of  purchase,  that  does  not  exactly  and  truthfully  state  the 
actual  weight,  assay  value  and  total  amount  paid  for  any  lot  or 
lots  of  ore  purchased,  or  who,  by  any  secret  understanding,  or 
agreement  with  another,  shall  issue  a  bill  of  sale  or  certificate 
of  purchase  that  does  not  correctly  and  truthfully  set  forth  the 
weight,  assay  value,  and  total  amount  paid  for  any  lot  or  lots  of 
ore  purchased  by  him  or  them,  shall  be  guilty  of  a  misdemeanor 
and,  on  conviction  thereof,  shall  be  fined  in  a  sum  not  exceeding 
one  thousand  dollars,  nor  less  than  one  hundred  dollars,  or  im- 
prisonment in  the  county  jail  not  more  than  one  year,  or  both, 
at  the  discretion  of  the  court. 

PARTITION  OF  MINING  CLAIM. 
Action  for  Partition. 

Section  1.  When  the  action  is  for  partition  of  a  mining 
claim  among  the  tenants  in  common,  joint  tenants,  coparceners 
or  partners  thereof,  the  court,  upon  good  cause  shown  by  any 


MINING  LAWS  OF  NEVADA  71 

party  or  parties  in  interest,  may,  instead  of  ordering  partition 
to  be  made  in  manner  as  hereinbefore  provided,  or  a  sale  of  the 
premises  for  cash,  direct  the  referees  to  divide  the  claim  in  the 
manner  hereinafter  specified. 

Order  of  Court. 

Sec.  2.  The  court  shall,  in  its  order,  or  by  a  subsequent  order 
made  upon  motion,  fix  the  time  for  division  of  the  claim  by  the 
referees,  which  shall  not  be  less  than  twenty  nor  more  than 
forty  days  from  the  day  of  making  the  order,  except  by  consent 
of  all  the  parties  in  interest  who  have  appeared  in  the  action. 

To  Go  on  Claim. 

Sec.  3.  On  the  day  designated  in  the  order,  the  referees 
shall  go  upon  the  claim  to  be  divided,  and  proceed  to  make 
division  of  the  same  as  hereinafter  provided,  and  shall  continue 
from  day  to  day  until  the.  whole  business  is  completed. 

Parties  May  Unite. 

Sec.  4.  Two  or  mort  of  the  tenants  in  common,  joint  tenants, 
copartners  or  parceners,  may  unite  together  for  the  purposes 
of  such  division,  of  which  they  shall  give  the  referees  written 
notice  before  they  commence  the  business  of  division;  and  all 
who  do  not  unite  as  aforesaid,  or  give  notice  of  separate  action, 
shall,  for  the  purposes  of  division,  be  deemed  and  held  to  have 
united.  The  referees  in  their  action  shall  recognize  those 
named  in  the  order  of  the  court,  or  their  agents  and  attorneys 
in  fact,  duly  appointed  by  instrument  in  writing  under  seal, 
and  acknowledged  as  in  eases  of  conveyances  of  real  estate,  the 
guardian  of  an  infant,  and  the  guardian  entitled  to  the  custody 
and  management  of  the  estate  of  an  insane  person  or  other  per- 
son adjudged  incapable  of  conducting  his  own  affairs,  and  as  to 
the  interest  of  each,  shall  be  controlled  entirely  by  the  order  of 
the  court. 

To  Select  Place  of  Location. 

Sec.  5.  At  the  time  and  place  of  division,  one  of  the  referees 
to  be  selected  by  them  shall,  in  the  manner  of  public  auction, 
offer  to  the  party  or  parties  who  will  take  the  least  part  or 
portion  of  said  mining  claim  in  proportion  to  the  interest  he  or 
they  may  have  therein,  the  privilege  of  first  selecting  the  place 
at  which  his  portion  shall  be  located,  and  upon  closing  the  bids 
the  referees  shall  proceed  to  measure  and  mark  off,  by  distinct 
metes  and  bounds,  to  the  lowest  bidder,  his  or  their  portion  of 
said  mining  claim,  at  the  place  designated  by  them  or  him,  ac- 
cording to  the  terms  of  his  or  their  bid. 


72  MINING  LAWS  OF  NEVADA 

Duties  of  Referees. 

Sec.  6.  When  the  referees  have  marked  off  and  set  apart  the 
interest  of  the  lowest  bidder,  as  provided  in  the  last  section, 
they  shall  offer  to  the  remaining  parties  the  privilege  of  selec- 
tion as  in  said  section  mentioned  and  described,  and  shall,  upon 
closing  the  bids,  proceed  in  the  same  manner  to  locate  and  mark 
off  the  portion  of  the  lowest  bidder,  and  shall  thereafter  con- 
tinue in  the  same  manner  to  receive  bids  and  mark  off  the  in- 
terest of  the  bidder  or  bidders  until  there  shall  remain  but  one 
party  in  interest,  or  parties  united,  forming  one  interest,  as 
provided  in  section  four. 

Parties  Remaining. 

Sec.  7.  The  party  or  parties  remaining  as  provided  in  the 
last  section,  shall  become  the  owner  or  owners,  as  the  case  may 
be,  of  the  entire  claim  not  marked  off  and  set  apart  to  other 
parties  as  hereinbefore  provided,  in  proportion  to  their  respect- 
ive interests  in  the  claim. 
To  Be  Returned. 

Sec.  8.  The  referees  shall  return  with  their  report  in  this 
act  required  to  be  made  by  them,  the  evidences  of  authority 
presented  to  them  by  which  they  claim  the  right  to  bid,  or 
otherwise  act,  during  the  proceedings  hereinbefore  mentioned. 

DAMAGE  TO  OR  TRESPASS  ON  MINING  CLAIM. 
Manner  of  Working  Mine— Damages,  How  Assessed. 

Section  1.  Any  person  or  persons,  company  or  corporation, 
being  the  owner  or  owners  of,  or  in  possession  under  any  lease 
or  contract  for  the  working  of  any  mine  or  mines  within  the 
State  of  Nevada,  shall  have  the  right  to  institute  and  maintain 
an  action,  as  provided  by  law,  for  the  recovery  of  any  damages 
that  may  accrue  by  reason  of  the  manner  in  which  any  mine  or 
mines  have  been  or  are  being  worked  and  managed  by  any  per- 
son or  persons,  company  or  corporation,  who  may  be  the  owner 
or  owners,  or  in  possession  of  and  working  such  mine  or  mines 
under  a  lease  or  contract,  and  to  prevent  the  continuance  of 
working  and  managing  such  mine  or  mines  in  such  manner  as 
to  hinder,  injure,  or  by  reason  of  tunnels,  shafts,  drifts  or  exca- 
vations, the  mode  of  using,  or  the  character  and  size  of  the 
timbers  used,  or  in  any  wise  endangering  the  safety  of  any  mine 
or  mines  adjacent  or  adjoining  thereto.  And  any  such  owner 
of,  or  in  the  possession  of  any  mine  or  mining  claim,  who  shall 
enter  upon  or  into,  in  any  manner,  any  mine  or  mining  claim, 
the  property  of  another,  and  mine,  extract,  excavate  or  carry 
away  any  valuable  mineral  therefrom,  shall  be  liable  to  the 


MINING  LAWS  OF  NEVADA  73 

owner  or  owners  of  any  such  mine  or  mines  trespassed  upon  in 
twice  the  amount  of  the  gross  value  of  all  such  mineral  mined, 
extracted,  excavated,  or  carried  away,  to  be  ascertained  by  an 
average  assay  of  the  excatvated  material  or  the  ledge  from 
which  it  is  taken.  As  amended  Stats.  1891,  p.  37. 

Lien  of  Judgment  and  Continuation  Thereof. 

Sec.  2.  Any  judgment  obtained  for  damages  under  the  pro- 
visions of  this  act  shall  become  a  lien  upon  all  the  property  of 
the  judgment  debtor  or  debtors,  not  exempt  from  execution,  in 
the  Territory  of  Nevada,  owned  by  him,  her,  or  them,  or  which 
may  afterwards  be  acquired,  as  is  now  provided  for  by  law, 
which  lien  shall  continue  two  years,  unless  the  judgment  be 
sooner  satisfied. 

Survey  May  be  Applied  For— What  Affidavit  Shall  State- 
Notice  of  Application,  and  How  Served— Order  of  Court— 
Costs. 

Sec.  3.  Any  person  or  persons  named  in  the  first  two  sec- 
tions of  this  act,  shall  have  the  right  to  apply  for  and  obtain 
from  any  District  Court,  or  the  judge  thereof,  within  this  Ter- 
ritory, an  order  of  survey  in  the  following  manner :  An  appli- 
cation shall  be  made  by  filing  the  affidavit  of  the  person  making 
the  application,  which  affidavit  shall  state,  as  near  as  can  be 
described,  the  location  of  the  mine  or  mines  of  the  parties  com- 
plained of,  and  as  far  as  known,  the  names  of  such  parties; 
also,  the  location  of  the  mine  or  mines  of  the  parties  making 
such  application,  and  that  he  has  reason  to  believe,  and  does  be- 
lieve, that  the  said  parties  complained  of,  their  agents  or  em- 
ployees, are  or  have  been  trespassing  upon  the  mine  or  mines 
of  the  party  complaining,  or  are  working  their  mine  in  such 
manner  as  to  damage  or  endanger  the  property  of  the  affiant. 
Upon  the  filing  of  the  affidavit  as  aforesaid,  the  court  or  judge 
shall  cause  a  notice  to  be  given  to  the  party  complained  of,  or 
the  agent  thereof,  which  notice  shall  state  the  time,  place,  and 
before  whom  the  application  will  be  heard,  and  shall  cite  the 
party  to  appear  in  not  less  than  five  nor  more  than  ten  days 
from  the  date  thereof,  to  show  cause  why  an  order  of  survey 
should  not  be  granted ;  and  upon  god  cause  shown,  the  court  or 
judge  shall  grant  such  order,  directed  to  some  competent  sur- 
veyor or  scurveyors,  or  to  some  competent  mechanics,  or 
miners,  or  both,  as  the  case  may  be,  who  shall  proceed  to  make 
the  necessary  examination  as  directed  by  the  court,  and  report 
the  result  and  conclusions  to  the  court  which  report  shall  be 
filed  with  the  clerk  of  said  court.  The  costs  of  the  order  «nd 


74  MINING  LAWS  OF  NEVADA 

survey  shall  be  paid  by  the  persons  making  the  application, 
unless  such  parties  shall  subsequently  maintain  an  action  and 
recover  damages,  as  provided  for  in  the  first  two  sections  of 
this  act,  by  reason  of  a  trespass  or  damage  done  or  threatened 
prior  to  such  survey  or  examination  having  been  made,  and  in 
that  case,  such  costs  shall  be  taxed  against  the  defendant  as 
other  costs  in  the  suit.  The  parties  obtaining  such  survey 
shall  be  liable  for  any  unnecessary  injury  done  to  the  property 
in  the  making  of  such  survey. 

Rogers  v.  Cooney,  7  Nev.  213 ;  Waters  v.  Stevenson,  13  Nev. 
157 ;  Patchen  v.  Kelley,  19  Nev.  404. 

MAJORITY  OWNERS  OF  MINE  MAY  CHANGE  INTEREST 
OF  MINORITY. 

Mining  Companies  May  Bring  Suit. 

Section  1.  When  three  or  more  persons,  owning  or  claiming 
as  joint  tenants,  tenants  in  common  or  corparceners,  a  majority 
of  the  number  of  feet,  shares,  or  interests  in  any  mining  claim 
in  this  state,  shall  have  formed,  or  shall  hereafter  form  them- 
selves into  a  corporation  or  organized  association,  for  the  pur- 
pose of  working  and  developing  such  mining  claim,  and  shall 
actually  proceed  to  work  and  develop  the  same,  such  corpora- 
tion or  association  may,  without  demand,  except  by  commence- 
ment of  action,  institute  in  any  court  of  competent  jurisdiction, 
suit  in  its  corporate  or  associate  name,  as  upon  an  implied  con- 
tract for  the  payment  of  money,  against  any  person  not  a  stock- 
holder in  or  member  of  such  corporation  or  association  owning 
or  claiming  to  own  in  said  mining  claim  as  joint  tenant,  tenun' 
in  common  or  coparcener,  for  his  or  her  proportion  of  the 
money  actually  expended  or  indebtedness  assumed  by  such  cor- 
poration or  association,  in  the  actual  and  necessary  wort'  ig 
and  development  of  said  mining  claim. 

Money  Expended  or  Indebtedness  Assumed. 

Sec.  2.  The  proportion  of  money  expended  or  indebtedness 
assumed  by  such  corporation  or  association,  and  for  the  pay- 
ment of  which  such  joint  tenant,  tenant  in  common  or  copar- 
cener, is  made  liable  under  the  provisions  of  this  act,  shall  be 
deemed  such  an  amount  of  money  or  indebtedness  as  bears  the 
same  proportion  to  the  whole  amount  of  money  expended  or  in- 
debtedness assumed,  as  the  interest  in  the  mining  claim  owned 
or  claimed  by  such  joint  tenant,  tenant  in  common  or  coparcen- 
er, bears  to  the  whole  of  the  mining  claim. 


MINING  LAWS  OF  NEVADA  75 

Who  May  Join  in  Suit— Issue  of  Facts— Judgment  to  Be  Sep- 
arate. 

Sec.  3.  Any  number  of  such  joint  tenants,  tenants  in  com- 
mon or  coparceners,  may  be  joined  as  parties  defendant  in  any 
suit  instituted  under  the  provisions  of  this  act;  but  each  de- 
fendant shall  be  entitled  to  plead  separately ;  and  when  the 
cause  shall  be  tried  by  jury,  as  many  of  the  separate  issues  of 
fact  as  may  be  agreed  upon  by  the  parties  may  be  determined 
by  the  same  jury.  Judgment  shall  be  rendered  for  or  against 
each  defendant  separately,  and  the  costs  of  suit  may  be  appor- 
tioned among  the  several  parties  defendant,  against  whom 
judgment  may  be  rendered,  in  such  manner  as  to  the  court  may 
appear  just  and  equitable ;  provided,  that  in  all  cases  the  de- 
fendant, prior  to  the  institution  of  suit  under  the  provisions  of 
this  act,  shall  be  entitled  to  three  weeks'  notice  of  the  intention 
of  such  corporation  or  association  to  institute  such  suit,  which 
notice  may  be  either  personally  or  by  publication  in  some  news- 
paper published  in  the  county  within  which  such  mining  claim 
is  located ;  and  if  none  be  published  in  said  county,  then  in  the 
nearest  adjoining  county. 

What  Summons  Shall  Specify. 

Sec.  4.  The  summons  shall  specify:  First,  the  amount  of 
money  actually  expended,  or  indebtedness  assumed,  bu  such 
coiporatkm  or  association,  in  the  actual  and  necessary  working 
and  development  of  said  mining  claim ;  and,  second,  the  amount 
due  from  each  joint  tenant,  tenant  in  common,  or  coparcener, 
as  his  or  her  proportion  of  such  money  or  indebtedness. 

Where  Suit  to  Be  Brought— Service  of  Summons. 

Sec.  5.  All  suits  instituted  under  the  provisions  of  this  act 
shall  be  brought  in  the  county  within  which  the  mining  claim 
may  be  located;  and  where  the  defendant  is  a  non-resident  of 
the  county  within  which  the  suit  is  brought,  but  a  resident  of 
the  State,  service  of  summons  may  be  had  personally,  as  in 
other  cases,  or  by  publication  in  the  same  manner  as  provided 
by  law  for  service  of  summons  by  publication  where  the  de- 
fendant is  a  non-resident  of  the  State  and  a  resident  of  the 
State  of  California ;  and  all  of  the  provisions  of  law  regulating 
proceedings  in  other  civil  cases  ehall,  so  far  as  the  same  are  ap- 
plicable, apply  to  suits  instituted  under  this  act. 

Lien. 

Sec.  6.  The  amount  of  money  expended  or  indebtedness  as- 
sumed, by  such  corporation  or  association,  as  the  proportion 


76  MINING  LAWS  OF  NEVADA 

due  from  such  joint  tenant,  tenant  in  common,  or  coparcener, 
for  the  actual  and  necessary  working  and  development  of  said 
mining  claim,  shall  be  a  lien  in  favor  of  such  corporation  or  as- 
sociation upon  the  interest  of  such  joint  tenant,  tenant  in  com- 
mon, or  coparcener,  in  such  mining  claim,  from  the  time  such 
money  was  expended,  or  indebtedness  assumed,  by  such  cor- 
poration or  association;  which  lien  shall  bind  such  interest 
from  the  time  of  such  payment  or  assumption  as  against  any 
subsequent  purchaser,  mortgagee,  or  other  person  acquiring  a 
lien  upon,  or  title  to,  or  interest  in,  the  same.  Suit  may  be  in- 
stituted against  the  person  owning  or  claiming  such  interest 
at  the  time  of  the  commencement  of  the  action  for  the  recovery 
of  the  whole  amount  due  upon  such  interest;  and  all  judgments 
rendered  in  any  action  instituted  under  the  provisions  of  this 
act,  and  any  execution  issued  thereon,  shall  bind  and  run 
against  such  interest,  and  no  other  property  of  the  defendant 
shall  be  subject  to  execution  on  said  judgment. 

Sales  to  Be  Absolute. 

Sec,  7.  All  sales  of  any  interest  in  a  mining  claim  under  an 
execution  issued  on  a  judgment  obtained  in  any  suit  instituted 
under  the  provisions  of  this  act  shall  be  absolute,  and  the  pur- 
chaser shall  be  entitled  to  the  immediate  possession  of  the  in- 
terest purchased  by  him  at  such  sale. 

Mallett  v.  Uncle  Sam  G.  &  S.  M.  Co.,  1  Nev.  188. 

LIABILITY  OF  OWNER  OF  SHAFT. 
Safeguards  to  Be  Erected. 

Section  1.  Any  person  or  persons,  company  or  corporation, 
who  shall  hereafter  dig,  sink  or  excavate,  or  cause  the  same  to 
be  done,  or  being  the  owner  or  owners,  or  in  the  possession, 
under  any  lease  or  contract  of  any  shaft,  excavation,  or  hole, 
whether  used  for  mining  or  otherwise,  or  whether  dug,  sunk  or 
excavated  for  the  purpose  of  mining,  to  obtain  water,  or  for  any 
other  purpose,  within  this  State,  shall,  during  the  time  they 
may  be  employed  in  digging,  sinking  or  excavating,  or  after 
they  may  have  ceased  work  upon  or  abandoned  the  same,  erect, 
or  cause  to  be  erected,  good  and  substantial  fences,  or  other 
safeguards,  and  keep  the  same  in  god  repair,  around  such 
works  or  shafts,  sufficient  to  securely  guard  against  danger  to 
persons  and  animals  from  falling  into  such  shafts  or  excava- 
tions. 
Notices  of  Violation  of  Preceding  Section  May  Be  Filed. 

Sec.  2.  Any  person  being  a  resident  of  the  county,  and 
knowing,  or  having  reason  to  believe,  that  the  provisions  of 


MINING  LAWS  OF  NEVADA  77 

section  one  of  this  act  are  being  or  have  been  violated  within 
such  county,  may  file  a  notice  with  any  justice  of  the  peace  or 
police  judge  therein,  which  notice  shall  be  in  writing,  and  shall 
state :  First — The  location,  as  near  as  may  be,  of  the  hole,  exca- 
vation or  shaft.  Second— That  the  same  is  dangerous  to  per- 
sons or  animals,  and  has  been  left,  or  is  being  worked,  contrary 
to  the  provisions  of  this  act.  Third — The  name  of  the  person 
or  persons,  company  or  corporation,  who  is  or  are  the  owners 
of  the  same,  if  known,  or  if  unknown,  the  persons  who  were 
known  to  be  employed  therein.  Fourth— If  abandoned,  and  no 
claimant;  and,  Fifth — The  estimated  cost  of  fencing  or  other- 
wise securing  the  same  against  any  avoidable  accident. 

Judge  to  Issue  Order. 

Sec.  3.  Upon  the  filing  of  the  notice,  as  provided  for  in  the 
preceding  section,  the  justice  of  the  peace,  or  judge  of  the  po- 
lice court,  shall  issue  an  order,  directed  to  the  sheriff  of  the 
county,  or  to  any  constable  or  city  marshal  therein,  directing 
such  officer  to  serve  a  notice,  in  manner  and  form  as  is  pre- 
scribed by  law  for  service  of  summons  upon  any  person  or  per- 
sons, or  the  authorized  agent  or  agents,  of  any  company  or 
corporation  named  in  the  notice  on  file,  as  provided  in  section 
two  of  this  act. 

What  Notice  Shall  Require. 

Sec.  4.  The  notice  thus  served  shall  require  the  said  persons 
to  appear  before  the  justice  or  judge  issuing  the  same,  at  a  time 
to  be  stated  therein,  not  more  than  ten  nor  less  than  three  days 
from  the  service  of  said  notice,  and  show,  to  the  satisfaction  of 
the  court,  that  the  provisions  of  this  act  have  been  complied 
with,  or  if  he  or  they  fail  to  appear,  judgment  will  be  entered 
against  him  or  them  for  double  the  amount  stated  in  the  notice 
on  file;  and  all  proceedings  had  therein  shall  be  as  prescribed 
by  law  in  civil  cases ;  and  such  persons,  in  addition  to  any  judg- 
ment that  may  be  rendered  against  them,  shall  be  liable  and 
subject  to  a  fine,  not  exceeding  the  sum  of  one  hundred  dollars 
for  each  and  every  violation  of  the  provisions  of  this  act,  which 
judgments  and  fines  shall  be  adjudged  and  collected  as  pro- 
vided for  by  law. 

Suits  to  Be  in  the  Name  of  the  State. 

Sec.  5.  Suits  commenced  under  the  provisions  of  this  act 
shall  be  in  the  name  of  the  State  of  Nevada,  and  all  judgments 
and  fines  collected  shall  be  paid  into  the  county  treasury  for 
county  purposes. 


78  MINING  LAWS  OF  NEVADA 

County  Commissioners  Shall  Fence  Abandoned  Excavations. 

Sec.  6.  If  the  notice  filed  with  the  justice  of  the  peace  or 
police  judge,  as  aforesaid,  shall  state  that  the  excavation,  shaft 
or  hole  has  been  abandoned,  and  no  person  claims  the  owner- 
ship thereof,  said  justice  of  the  peace,  or  judge,  shall  notify  the 
board  of  county  commissioners  of  the  county,  or  either  of  them, 
of  the  location  of  the  same,  and  they  shall,  as  soon  as  possible 
thereafter,  cause  the  same  to  be  so  fenced  or  otherwise  guarded 
as  to  prevent  accidents  to  persons  or  animals;  and  all  expenses 
thus  incurred  shall  be  paid,  first,  out  of  the  fines  and  judg- 
ments collected  in  accordance  with  the  provisions  of  this  act, 
as  other  county  expenses;  provided,  that  nothing  herein  con- 
tained shall  be  so  construed  as  to  compel  the  county  commis- 
sioners to  fill  up,  fence  or  otherwise  guard  any  shaft,  excava- 
tion or  hole  unless  in  their  discretion  the  same  may  be  con- 
sidered dangerous  to  persons  or  animals. 

CAGE  TO  BE  USED  IN  SHAFT. 
Cages  to  Be  Provided  by  Mining  Companies. 

Section  1.  It  shall  be  unlawful  for  any  person  or  persons, 
company  or  companies,  corporation  or  corporations,  after  the 
first  day  of  July,  A.  D.  eighteen  hundred  and  seventy-nine,  to 
sink  or  work  through  any  vertical  shaft  where  iron  mining 
cages  are  used,  at  a  greater  depth  than  four  hundred  and  fifty 
feet,  unless  the  said  shaft  shall  be  provided  with  an  iron  bon- 
neted safety  cage,  to  be  used  in  the  lowering  and  hoisting  of  the 
employees  of  such  person  or  persons,  company  or  companies, 
corporation  or  corporations.  The  safety  apparatus,  whether 
consisting  of  eccentrics,  springs,  or  other  device,  shall  be  se- 
curely fastened  to  the  cage  and  shall  be  of  sufficient  strength  to 
hold  the  cage  loaded  at  any  depth  to  which  the  shaft  may  be 
sunk.  The  iron  bonnet  aforesaid  shal  be  made  of  boiler  sheet 
iron  of  a  good  quality,  of  at  least  three-sixteenths  of  an  inch  in 
thickness,  and  shall  cover  the  top  of  said  cage  in  such  manner 
as  to  afford  the  greatest  protection  to  life  and  limb  from  any 
matter  falling  down  said  shaft. 

Failure  to  Comply— Penalties. 

Sec.  2.  Any  person  or  persons,  company  or  companies,  cor- 
poration or  corporations,  after  the  first  day  of  July,  A.  D. 
eighteen  hundred  and  seventy-nine,  who  shall  neglect,  fail,  or 
refuse  to  comply  with  the  provisions  of  section  one  of  this  act, 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  be  fined  not  less  than  five  hundred  dollars,  nor  more  than 
one  thoustand  dollars. 


MINING  LAWS  OF  NEVADA  79 

Damages  to  Be  Recovered. 

Sec.  3.  Nothing  contained  in  this  act  shall  be  so  construed 
as  to  prevent  recovery  being  had  in  a  suit  for  damages  for  in- 
juries sustained  by  the  party  so  injured,  or  his  heir  or  adminis- 
trator or  administratrix,  or  any  one  else  now  competent  to  sue 
in  an  action  of  such  character. 

Patnode  v.  Barter,  20  Nev.  303. 

CORPORATIONS  FOR  MINING  AND  MILLING. 

Powers  and  Duties. 
Power  to  Purchase  and  Hold  Mining  Property. 

Section  1.  All  corporations  for  the  purpose  of  mining, 
formed,  or  which  may  be  hereafter  formed,  under  the  laws  of 
the  State  of  Nevada,  or  which  were  formed  under  the  laws  of 
the  Territory  of  Nevada,  shall  have  power  to  purchase  and  hold 
such  mining  property  as  they  may  deem  meet. 
How  Exercised. 

Sec.  2.  The  power  to  make  such  purchases  by  any  corpora* 
tion  shall  be  exercised  only  by  a  majority,  in  interest,  of  all  the 
stockholders  in  any  such  corporation,  or  by  such  person  or  per- 
sons as  may,  by  such  majority,  be  duly  appointed  to  act  in  their 
stead. 

Smith  v.  North  Am.  M.  Co.,  1  Nev.  424;  Robinson  v.  Imper- 
ial S.  M.  Co.,  5  Nev.  44;  Corey  v.  Curtis,  9  Nev.  325; 
Sutro  Tunnel  Co.  v.  Seg.  Belcher  M.  Co.,  19  Nev.  121. 

Capital  Stock. 

Sec.  3.  In  corporations  already  formed,  or  which  may  here- 
after be  formed  under  this  act,  where  the  amount  of  the  capital 
stock  of  such  corporation  consists  of  the  aggregate  valuation  of 
the  whole  number  of  feet,  shares,  or  interest  in  any  mining 
claim  in  this  State,  for  the  working  and  development  of  which 
such  corporation  shall  be,  or  has  been  formed,  no  actual  sub- 
scription to  the  capital  stock  of  such  corporation  shall  be  neces- 
sary; but  each  owner  in  said  mining  claim  shall  be  deemed  to 
have  subscribed  such  an  amount  to  the  capital  stock  of  such 
corporation  as  under  the  by-laws  will  represent  the  value  of  so 
much  of  his  or  her  interest  in  said  mining  claim,  the  legal  title 
to  which  he  or  she  may,  by  deed,  deed  of  trust,  or  other  instru- 
ment, vest,  or  have  vested  in  such  corporation,  for  mining  pur- 
poses ;  such  subscription  to  be  deemed  to  have  been  made  on  the 
execution  and  delivery  to  such  corporation  of  such  deed,  deed 
of  trust,  or  other  instrument,  nor  shall  thevalidity  of  any  as- 


80  MINING  LAWS  OF  NEVADA 

sessment  levied,  or  which  may  hereafter  be  levied,  by  the  board 
of  trustees  of  such  corporation,  be  affected  by  reason  of  the 
fact  that  the  full  amount  of  the  capital  stock  of  such  corpora- 
tion, as  mentioned  in  its  certificate  of  incorporation,  shall  not 
have  been  subscribed,  as  provided  in  this  section;  provided, 
that  the  greater  portion  of  said  amount  of  capital  stock  shall 
have  been  subscribed;  and,  provided  further,  that  thi&  section 
shall  not  be  so  construed  as  to  prohibit  the  stockholders  of  any 
corporation  formed,  or  which  may  be  formed  for  mining  pur- 
poses, as  provided  in  this  section,  from  regulating  the  mode  of 
making  subscriptions  to  its  capital  stock  and  calling  in  the 
same  by  by-laws  or  expressed  contract. 

O'Meara  v.  North  American  M.  Co.,  2  Nev.  113. 

To  Be  Governed  by  District  Mining  Laws— Proviso. 

Sec.  4.  All  corporations  already  formed,  or  which  may  here- 
after be  formed  under  this  act  for  mining  purposes,  shall  be 
governed  by  the  mining  laws  of  the  district  where  the  mine  is 
located ;  provided,  that  the  amount  of  money  so  expended  in  in- 
corporating said  company,  and  the  procuring  of  the  necessary 
books  for  said  corporation,  shall  be  deemed  in  law  as  so  much 
money  expended  in  working  the  claim.  [There  is  some  doubt 
as  to  the  validity  of  this  proviso..] 

Rights  of  Corporations. 

Sec.  5.  Corporations  formed  under  the  provisions  of  this  act 
for  mining,  milling  or  ore  reduction  purposes,  may  subscribe  to 
and  become  stockholders  in  any  corporation,  company  or  asso- 
ciation now  formed,  or  which  may  hereafter  be  formed,  for  the 
purpose  of  constructing  any  tunnel,'  shaft  or  other  work,  which 
may  be  calculated  to  aid  or  facilitate  the  exploration,  develop- 
ment or  working  of  any  mine  or  mining  ground  in  this  State ; 
and  any  corporation  so  becoming  a  stockholder  therein  shall, 
in  proportion  to  its  interest,  be  subject  to  all  the  liabilities  and 
entitled  to  all  the  rights  and  privileges  of  an  individual  stock- 
holder. 

Trustees  to  Convey  Property  on  Dissolution. 

Sec.  6.  When  any  mining  incorporation,  holding  or  working 
any  mine  or  mines  in  this  State,  shall  disincorporate  under  the 
provisions  of  this  act,  the  board  of  trustees  of  said  corporation 
shall  convey  by  deed  to  the  stockholders  of  said  company  all 
mines  and  other  property  of  said  corporation,  in  proportion  to 
the  amount  of  stock  each  stockholders  shall  hold  in  the  mine 


MINING  LAWS  OF  NEVADA  81 

or  mines  and  other  property  owned  by  said  corporation,  which 
deed  shall  be  recorded  in  the  office  of  the  county  recorder  of  the 
county  in  which  the  mine  is  located. 

Mining  Companies  May  Sue  Delinquents. 

Sec.  7  Corporations,  and  associations,  and  companies,  form- 
ed for  mining  purposes,  are  hereby  authorized,  in  their  corpor- 
ate or  associated  name,  to  institute  suits  against  any  one  or 
more  of  their  members  who  may  be  delinquent  in  the  payment 
of  their  assessments. 

Welland  v.  Huber,  8  Nev.  203. 

Intention  of  Suit  to  Be  Published. 

Sec.  8.  Before  such  suit  is  brought  before  any  court  having 
jurisdiction  of  the  amount,  such  delinquent,  and  the  amount  he 
may  owe,  and  the  intention  to  institute  suit  thereon,  shall  be 
advertised  in  a  newspaper  published  in  the  county  where  the 
mining  claim  is  located,  and  if  no  newspaper  be  published  in 
the  county,  then  in  a  newspaper  published  in  the  nearest  ad- 
joining county,  for  at  least  once  a  week  for  one  month  before 
such  suit  is  instituted. 

Majority  of  Members  to  Authorize  Suit. 

Sec.  9.  It  shall  be  proved  on  the  trial  of  such  suit  that  the 
trustees  or  managing  agents  of  said  corporation,  or  association, 
or  company,  were  fully  authorized  to  institute  such  suit  by  a 
majority  of  the  members  of  said  corporation,  or  association,  or 
company. 

Competent  Witnesses. 

Sec.  10.  The  members  of  such  corporation,  association,  or 
company  shall  be  competent  witnesses  to  establish  the  assess- 
ment and  indebtedness  of  the  delinquent  member. 

Application  of  Act. 

Sec.  11.     This  act  shall  apply  only  to  corporations,  associa- 
tions and  companies  who  are  actually  engaged  in  mining  and 
for  delinquency  in  assessments  for  mining. 
Chill  v.  Hirshman,  6  Nev.  57. 

CORPORATIONS  MAY  CONSOLIDATE. 

Two  or  More  Mining  Companies  May  Consolidate— Consent  of 
Stockholders  Required— Notice  by  Advertisement— Cer- 
tificate, When  Filed— How  Signed— Boards  of  Trustees  or 
Directors— Certificate,  What  to  Contain. 

Section  1.     It  shall  be  lawful  for  two  or  more  corporations 


82  MINING  LAWS  OF  NEVADA 

formed,  or  that  may  be  hereafter  formed,  under  the  laws  of  this 
State  for  mining  purposes,  which  own  or  possess  mining  claims 
or  lands  adjoining  each  other  or  lying  in  the  same  vicinity,  to 
consolidate  their  capital  stock,  debts,  property,  assets  and  fran- 
chises in  such  a  manner  and  upon  such  terms  as  may  be  agreed 
upon  by  the  respective  boards  of  directors  or  trustees  of  such 
companies  so  desiring  to  consolidate  their  interests;  but  no 
such  consolidation  shall  take  place  without  the  consent  of 
stockholders  representing  two-thirds  of  the  capital  stock  of 
each  company,  and  no  such  consolidation  shall  in  any  way  re- 
lieve such  companies  or  the  stockholders  thereof  from  any  and 
all  just  debts  and  liabilities ;  and,  in  case  of  such  consolidation, 
due  notice  of  the  same  shall  be  given  by  advertisement  for  at 
least  twenty  days  in  one  newspaper  in  the  county  and  state 
where  the  said  mining  property  is  situated  if  there  be  one  pub- 
lished therein  and  also  in  one  newspaper  published  in  the  county 
where  the  principal  place  of  business  of  any  of  said  companies 
shall  be ;  and  when  the  said  consolidation  is  completed  a  certifi- 
cate thereof,  containing  the  manner  and  terms  of  said  consoli- 
dation shall  be  filed  in  the  office  of  the  county  clerk  of  the 
county  in  which  the  original  certificate  of  incorporation  of  any 
of  said  companies  shall  be  filed,  and  a  copy  thereof  shall  be  filed 
in  the  office  of  the  secretary  of  state.  Such  certificate  shall  be 
signed  by  a  majority  of  each  board  of  directors  of  the  original 
companies,  and  it  shall  be  their  duty  to  call,  within  thirty  days 
after  the  filing  of  such  certificate,  and  after  at  least  ten  days 
public  notice  in  some  newspaper  in  the  county  where  its  prop- 
erty is  situated,  a  meeting  of  the  stockholders  of  all  of  said 
companies  so  consolidated,  to  elect  a  board  of  trustees  or  di- 
rectors for  the  consolidated  company  for  the  year  next  ensuing. 
Said  certificate  shall  also  contain  the  name  of  the  company,  the 
object  for  which  it,  the  same,  has  been  formed,  which  shall  be 
the  same  as  the  original  corporations,  the  amount  of  its  capital 
stock,  the  time  of  its  existence  (not  to  exceed  fifty  years),  the 
number  of  shares  of  which  the  capital  stock  shall  consist,  the 
number  of  trustees  or  directors  who  shall  manage  the  affairs 
of  the  company  for  the  first  year,  and  the  name  of  the  city  or 
town  in  which  the  principal  place  of  business  of  the  company 
is  to  be  located. 

Written  Consent  of  Stockholders— Proxy. 

Sec.  2.  When  two  or  more  companies  may  desire  to  consoli- 
date in  accordance  with  the  provisions  of  section  one  of  this 
act,  and  shall  have  given  the  required  notice,  as  in  said  section 


MINING  LAWS  OF  NEVADA  83 

provided,  any  stockholder  consenting  thereto  shall  be  required 
to  give  his  consent  in  writing,  stating  the  number  of  shares  held 
by  him,  and  that  he  is  in  favor  of  such  consolidation ;  provided, 
that  any  and  all  stock  standing  in  the  name  of  trustees  may  be 
voted  by  such  trustees  the  same  as  by  the  owners  thereof,  and 
the  consent  of  such  trustees  shall  be  equivalent  to  the  consent 
of  such  owners ;  and  provided  further,  that  any  person  holding 
the  general  proxy  of  any  stockholders  shall  be  entitled  to  give 
or  refuse  his  consent  to  such  consolidation,  the  same  as  the 
owner  of  such  stock  for  which  said  proxy  is  held. 

Foreign  Corporations  May  Consolidate  With  Home  Corpora- 
tions—Agent to  Be  Appointed,  When— Penalty. 

Sec.  3.  The  provisions  of  this  act  shall  be  construed  to  per- 
mit and  allow  foreign  corporations,  owning  mining  property  in 
this  State,  to  consolidate  with  corporations  organized  under  the 
laws  of  this  State ;  provided,  that  in  all  such  cases  the  principal 
place  of  business  of  such  consolidation,  when  effected,  shall  be 
located  in  the  State  of  Nevada,  or  in  the  State  where  such 
foreign  corporation  desiring  such  consolidation  resides,  as  may 
be  determined  by  a  vote  of  two-thirds  of  the  stockholders  of 
such  consolidation  after  the  same  shall  be  completed,  and  in 
case  it  shall  be  determined  upon  such  vote  being  had,  to  re- 
move the  principal  place  of  business  of  such  consolidation  out 
of  this  State,  the  certificate  provided  for  in  section  one  shall 
be  amended  so  as  to  show  the  county  and  State  where  the  prin- 
cipal place  of  business  is  located ;  and  provided  further  that  in 
case  the  principal  place  of  business  of  such  corporation  shall 
be  removed  out  of  this  State  there  shall  be  an  agent  of  such 
corporation  appointed  in  this  State  in  the  county  where  its 
property  is  situated,  upon  whom  all  legal  process  may  be  served, 
and  the  failure  of  such  corporation  to  appoint  such  agent  shall 
subject  it  to  a  fine  of  fifty  dollars  per  day,  to  be  recovered  in 
the  name  of  the  State  of  Nevada,  as  in  other  cases  of  fines  and 
penalties. 

Paxton  v.  Bacon  M.  &  M.  Co.,  2  Nev.  257. 

EMINENT  DOMAIN  FOR  MINING  PURPOSES. 
Right  of  Eminent  Domain. 

Section  1.  The  production  and  reduction  of  ores  are  of  vital 
necessity  to  the  people  of  this  State ;  are  pursuits  in  which  all 
are  interested,  and  from  which  all  derive  a  benefit ;  so  the  min- 
ing, milling,  smelting,  or  other  reduction  of  ores  are  hereby  de- 


84  MINING  LAWS  OF  NEVADA 

clared  to  be  for  the  public  use,  and  the  right  of  eminent  domain 
may  be  exercised  therefor. 

Lands  for  Such  Purposes,  How  Acquired. 

Sec.  2.  Any  person,  company,  or  corporation  engaged  in 
mining,  milling,  smelting,  or  other  reduction  of  ores,  may  ac- 
quire any  real  estate,  or  any  right,  title,  interest,  estate,  or 
claim  therein  or  thereto  necessary  for  the  purposes  of  any  such 
business,  by  means  of  the  special  proceedings  prescribed  in  this 
act.  The  said  special  proceedings  shall  be  substantially  as  fol- 
lows: There  shall  be  filed  in  the  clerk's  office  of  the  District 
court  in  the  county  where  the  real  estate  is  situated,  a  petition 
verified  according  to  law,  stating  therein  the  name  of  the  per- 
son, company,  or  corporation  presenting  the  petition,  that  they 
are  engaged  in  the  business  of  mining,  milling,  smelting,  or 
other  reduction  of  ores  as  aforesaid,  the  description  by  the 
metes  and  bounds,  or  by  some  accurate  designation  of  the  tract 
or  tracts  of  land  desired  to  be  appropriated  for  the  purposes  of 
such  business,  and  that  a  necessity  exists  therefor,  setting  forth 
the  names  of  those  in  possession  of  said  lands,  and  of  those 
claiming  any  right,  title  or  interest  therein,  so  far  as  the  same 
can  be  ascertained  by  reasonable  diligence. 

Defendants  Upon  Petition,  How  Considered. 

Sec.  3.  The  persons  in  occupation  of  said  tract  or  tracts  of 
land,  and  those  having  any  right,  title,  or  interest  therein, 
whether  named  in  the  petition  or  not,  shall  be  defendants  there- 
to, and  may  appear  and  show  cause  against  the  same,  and  may 
appear  and  be  heard  before  the  commissioners  herein  provided 
for,  and  in  proceedings  subsequent  thereto,  in  the  same  manner 
as  if  they  had  appeared  and  answered  said  petition. 

Hearing  Upon  Petition. 

Sec.  4.  The  said  court,  or  the  judge  thereof,  either  in  term 
or  vacation,  shall,  by  order,  appoint  the  time  for  the  hearing 
said  petition,  and  such  hearing  may  be  had,  and  all  orders  in 
said  proceedings  may  be  made  by  the  said  court  or  the  judge 
thereof,  either  in  term  time  or  vacation. 

Notice  of  Pendency  of  Petition. 

Sec.  5.  The  petitioner  shall  cause  all  the  occupants  and 
owners  of  said  tract  or  tracts  of  land,  so  far  as  the  same  can  be 
ascertained  by  reasonable  diligence,  who  reside  in  said  county, 
to  be  personally  notified  of  the  pendency  of  the  said 


MIXING  LAWS  OF  NEVADA  85 

petition  at  least  ten  days  before  the  hearing  thereof;  and  if  any 
of  said  occupants  or  owners  are  unknown,  or  do  not  reside  in 
said  county,  and  have  not  been  personally  notified  of  the  pend- 
ency of  said  petition,  such  petitioner  shall  cause  a  notice,  stat- 
ing the  filing  of  said  petition,  the  object  thereof,  the  tracts  of 
land  sought  to  be  appropriated,  and  the  time  and  place  of  the 
hearing  of  said  petition  to  be  published  for  four  successive 
weeks  previous  to  the  time  of  hearing  said  petition  in  a  news- 
paper published  in  said  county,  or  if  none  is  published  in  said 
county,  then  in  a  newspaper  published  nearest  to  said  county. 

Hearing  Upon  Petition— Commissioners,  How  Selected. 

Sec.  6.  The  defendants  to  said  petition  may  appear  and 
show  cause  against  said  petition  on  or  before  the  time  for  the 
hearing  thereof,  or  such  other  time  as  the  hearing  may  be  con- 
tinued to ;  and  upon  satisfactory  proof  being  made  that  the  de- 
fendants have  been  duly  notified  of  the  pendency  of  said  peti- 
tion, as  herein  prescribed,  and  upon  the  hearing  of  the  allega- 
tions and  proofs  of  the  said  parties,  if  the  said  court  or  judge 
shall  be  satified  that  the  said  lands,  or  any  part  thereof,  are 
necessary  or  proper  for  any  of  the  purposes  mentioned  in  said 
petition,  then  such  court  or  judge  shall  appoint  three  com- 
petent and  disinterested  persons  as  commissioners,  one  of  whom 
shall  be  selected  from  among  the  persons,  if  any,  named  for 
that  purpose  by  said  petitioner,  and  one  shall  be  selected  from 
among  the  persons,  if  any,  named  on  the  part  of  any  of  the  de- 
fendants, to  ascertain  and  assess  the  compensation  to  be  paid  to 
any  person  or  persons  having  or  holding  any  right,  title,  or  in- 
terest in  or  to  each  of  said  tracts  of  land,  for  and  in  considera- 
tion of  the  appropriation  of  such  land  to  the  use  of  said  peti- 
tioner. If  any  vacancy  occur  among  said  commissioners,  by 
reason  of  any  one  or  more  of  them  refusing  or  neglecting  to  act, 
or  by  any  other  means,  one  or  more  commissioners  may  be  ap- 
pointed by  said  court  or  judge  to  fill  such  vacancy,  upon  notice 
being  given  of  such  vacancy  as  said  court  or  judge  may  direct. 

Meetings  of  Commissioners. 

Sec.  7.  The  said  court  or  judge  shall  appoint  the  time  and 
place  for  the  first  meeting  of  said  commisisoners,  and  the  time 
for  filing  their  report,  and  may  give  such  further  time  as  may 
be  necessary  for  that  purpose,  if  they  shall  not  then  have  com- 
pleted their  duties.  The  said  commissioners,  or  a  majority  of 
•them,  shall  meet  at  the  time  and  place,  as  ordered,  and  before 
entering  on  their  duties  shall  be  duly  sworn  to  honestly,  faith- 


86  MINING  LAWS  OF  NEVADA 

fully  and  impartially  perform  the  duties  imposed  upon  them; 
and  any  one  of  them  may  issue  subpenas  for  witnesses  for 
either  of  said  parties  and  may  administer  oaths ;  and  said  com- 
missioners may  adjourn  from  place  to  place,  and  from  time  to 
time,  as  may  be  necessary  for  the  proper  discharge  of  their 
duties. 

Powers  and  Duties  of  Commissioners — Claims  to  Compensation 
Assessed,  How  Asserted. 

Sec.  8.  The  said  commissioners  shall  proceed  to  view  the 
several  tracts  of  land,  as  ordered  by  said  court  or  judge,  and 
shall  hear  the  allegations  and  proofs  of  said  parties,  and  shall 
ascertain  and  assess  the  compensation  for  the  land  sought  to  be 
appropriated  to  be  paid  by  said  petitioner  to  the  person  or 
persons  having  or  holding  any  right,  title  or  interest  in  or  to 
each  of  the  several  tracts  of  land;  and  such  commissioners  shall, 
on  or  before  the  time  or  times  as  ordered  by  said  court  or  judge 
file  in  the  clerk's  office  their  report,  signed  by  them,  or  a  ma- 
jority of  them,  setting  forth  their  proceedings  in  the  premises; 
and  they  may  include  all  of  said  tracts  in  one  report,  or  they 
may  make  several  reports,  including  one  or  more  of  said  tracts 
of  land,  if  the  court  or  judge  shall  so  order,  or  if  they  shall 
deem  it  proper.  In  case  there  are  adverse  or  conflicting  claims 
to  the  compensation  assessed  for  any  tract  of  land,  or  any  right, 
title  or  interest  therein  thus  sought  to  be  appropriated,  the 
parties  thus  asserting  such  claim  shall  present  the  same  by  peti- 
tion to  the  court  or  judge  after  the  report  of  the  commissioners 
shall  have  been  filed,  and  the  said  court  or  judge  shall  proceed 
to  hear  and  determine  the  same ;  and  in  such  cases  said  petition- 
er may  pay  the  amount  of  such  compensation  to  the  clerk  of 
said  court,  to  abide  the  order  of  the  court  or  judge  in  said  pro- 
ceedings, and  said  petitioner  shall  not  be  liable  for  any  of  the 
costs  caused  by  the  adjudication  of  such  conflicting  claims. 

Objections  to  Report,  How  Made  and  Heard. 

Sec.  9.  The  said  petitioner,  or  any  of  said  defendants,  if  dis- 
satisfied with  the  report,  may,  within  twenty  days  after  the 
time  of  filing  said  report,  and  after  ten  days'  notice  to  the 
parties  interested,  move  to  set  aside  the  report,  and  to  have  a 
new  trial  as  to  any  tract  of  land,  on  good  cause  shown  therefor, 
and  the  said  court  or  judge  shall  set  aside  the  report  as  to  such 
tract  of  land,  and  may  recommit  the  matter  to  the  manner  as 
those  first  appointed;  but  such  matter  shall  not  be  more  than 
twice  recommitted  to  commissioners. 


MINING  LAWS  OF  NEVADA  87 

Report,  When  to  Be  Confirmed. 

Sec.  10.  Upon  the  expiration  of  twenty  days  after  the  filing 
of  said  report  or  reports,  or  at  such  further  time  as  may  be  ap- 
pointed therefor,  if  the  motion  and  notice  shall  not  have  been 
made  and  given  as  aforesaid,  and  if  the  proceedings  of  said 
commissioners  appear  to  have  been  correctly  and  properly 
done,  the  said  court  or  judge  shall  confirm  each  of  said  reports 
and  certify  the  same  thereon. 

Reports  to  Be  Recorded— Orders  by  Judge— Costs,  Etc. 

Sec.  11  Each  of  said  reports  and  the  certificates  thereon, 
upon  the  compensation  therein  named  being  paid,  shall  be  re- 
corded in  the  recorder's  office  of  said  county  by  said  petitioner. 
The  said  court  or  judge  may  make  all  such  orders  as  may  be 
necessary  or  proper  in  the  special  proceedings  provided  for  in 
this  act,  and  shall  cause  the  pleadings  and  proceedings  to  be 
amended  whenever  justice  shall  require  it  to  be  done,  and  shall 
direct  the  manner  of  the  service  of  all  orders  and  notices  not 
herein  specially  provided  for.  Costs  in  such  special  proceedings 
shall  be  taxed  by  the  clerk  at  the  rates  prescribed  in  the  fee 
bill  for  said  county  in  civil  actions,  and  also  the  compensation 
of  the  commisisoners  which  shall  be  fixed  by  the  court  or  judge, 
and  shall  be  paid  by  said  petitioner,  except  in  case  where  a  de- 
fendant shall  move  for  a  new  trial,  and  the  compensation  as- 
sessed by  the  commisisoners  shall  not  be  increased  more  than 
ten  per  cent  upon  the  previous  assessment,  in  which  case  such 
defendant  shall  pay  the  costs. 

Defective  Title,  New  Proceedings  Thereon— Petitioner  Entitled 
to  Possession. 

Sec.  12.  If  the  title  attempted  to  be  acquired  by  virtue  of 
the  provisions  of  this  act  shall  be  found  to  be  defective  from 
any  cause,  such  petitioner  may  again  institute  proceedings  to 
acquire  the  same,  as  in  this  act  prescribed,  and  at  any  stage  of 
such  new  proceedings,  or  of  any  proceedings  un4er  this  act,  the 
court  or  judge  in  chambers  may  rule,  or  by  order  in  their  behalf 
made,  authorize  such  petitioner,  if  already  in  possession,  to 
continue  in  the  use  and  possession,  and  if  not  in  possession,  to 
take  possession  of  and  use  such  premises  during  the  pendency 
of  and  until  the  final  conclusion  of  such  proceedings,  and  may 
stal  all  actions  and  proceedings  against  such  petitioner  on  ac- 
count thereof,  provided  such  petitioner  shall  pay  a  sufficient 
sum  into  court,  or  give  security,  to  be  approved  by  such  court 


88  MINING  LAWS  OF  NEVADA 

or  judge,  to  pay  the  compensation  in  that  behalf  when  ascer- 
tained. 

Petitioner  Acquires  the  Land, 

Sec.  13.  •  Upon  the  filing  of  the  report  of  the  commissioners 
for  record  as  above  provided  for,  andxupon  the  payment  or 
tender  of  the  compensation  and  costs  as  prescribed  in  this  act, 
the  real  estate,  or  the  right,  title  or  interest  therein  described  in 
such  report,  shall  become  the  property  of  said  petitioner  for  the 
purpose  of  the  business  of  mining,  milling,  smelting  or  other 
reduction  of  ores  as  aforesaid,  so  long  as  the  same  shall  be  con- 
tinued, and  shall  be  deemed  to  be  acquired  for  and  appropriated 
to  public  use. 

Payments  to  Be  Made,  When. 

Sec.  14.  Such  petitioner  shall,  within  thirty  days  after  the 
final  confirmation  of  the  report  aforesaid,  pay  or  tender  the 
sum  of  money  ascertained  and  assessed  by  said  commissioners 
as  and  for  the  compensation  of 'each  tract  of  land  described  in 
said  report  of  which  the  compensation  was  ordered  by  said 
court  or  judge  to  be  ascertained  and  assessed  as  aforesaid ;  and 
said  payment  or  tender  may  be  made  to  the  persons  or  persons 
owning  said  tract  of  land,  or  having  or  holding  any  right,  title 
or  interest  therein,  according  to  the  amount  or  extent  of  the 
right,  title  or  interest  owned  or  held  therein  by  such  person  or 
persons;  or  said  payment  may  be  made  to  the  said  clerk  for 
said  persons,  and  the  same  shall  be  deemed  and  taken  as  a  pay- 
ment to  such  person  or  persons,  and  shall  be  as  effectual  for  all 
purposes  as  if  the  said  sum  of  money  had  been  personally  paid 
to  each  and  all  of  the  persons  entitled  thereto. 

Realty  of  Incompetent    Persons,    How    Acquired— Voluntary 
Sale. 

Sec.  15.  If  it  shall  become  necessary  for  any  of  the  purposes 
aforesaid  for  such  petitioner  to  acquire  any  real  estate,  or  any 
right,  title  or  interest  therein,  which  is  the  property  of  any  in- 
fant, idiot  or  insane  person,  the  guardian,  executor,  or  adminis- 
trator, as  the  case  may  be,  shall  be  subject  to  process,  judgment 
and  decree  as  herein  provided  for  persons  of  full  age  or  capable 
of  contracting,  or  without  such  process,  judgment  or  decree, 
they  may  sell  and  convey  the  property  desired  to  said  petition- 
er; but  neither  such  sale  or  conveyance  shall  be  valid  for  any 
purpose  until  the  same  shall  have  been  approved  by  the  judge 
of  the  proper  court,  and  said  judge  is  hereby  authorized  to 


MINING  LAWS  OF  NEVADA  89 

examine  such  deeds  and  conveyances,  and  if  he  shall  deem  the 
same  just,  and  proper,  he  shall  approve  the  same,  and  there- 
upon such  conveyances  shall  have  the  same  force  and  effect  for 
the  purposes  in  this  section  mentioned  as  if  the  same  had  been 
executed  by  persons  competent  to  convey  lands  in  their  own 
names. 

Payment  to  Person  Entitled. 

Sec.  16.  The  said  court  or  judge  shall,  at  the  time  of  the 
payment  of  any  sum  of  money  to  the  said  clerk  under  the  pro- 
visions of  this  act,  or  at  such  other  time  or  times  as  may  be  or- 
dered, direct  and  order  the  same  to  be  paid  over  to  the  person 
or  persons  who  shall  upon  satisfactory  proof  appear  to  be  en- 
titled thereto. 

Term  "Person"  Defined. 

Sec.  17.  In  all  the  proceedings  in  relation  to  the  sale  or  ap- 
propriation of  real  estate,  and  ascertaining  and  receiving  the 
compensation  therefor,  for  the  purposes  as  prescribed  in  this 
act,  the  term  ' '  person ' '  shall  be  deemed  to  include  municipal  or 
other  corporations,  and  the  word  "petitioner"  to  designate  any 
person  or  number  of  persons,  company  or  corporation  who  may 
in  any  case  petition  as  provided  in  this  act. 

Minutes  of  Proceedings. 

Sec.  18.  The  minutes  of  the  proceedings  had  before  such 
judge  shall  be  entered  by  said  clerk,  in  the  same  manner  and 
with  the  same  force  and  effect,  as  if  the  proceedings  were  had 
before  said  court  in  term  time. 

Dayton  Gold  and  Silver  Mining  Company  v.  W.  M.  Sea- 
well,  11  Nev.  394;  Overman  S.  Mining  Co.  v.  Corcoran, 
15  Nev.  147. 

MINER    MAY    ENTER    AGRICULTURAL    OR    GRAZING 
LAND. 

Section  1.  Any  person  now  legally  occupying  and  settled 
upon,  or  who  may  hereafter  occupy  or  settle  upon,  any  of  the 
public  lands  in  this  State,  for  the  purpose  of  cultivating  or 
grazing  the  same,  may  commence  and  maintain  any  action  for 
interference  with,  or  injuries  done  to,  his  or  her  possession  of 
said  land,  against  any  person  or  persons  so  interfering  with  or 
injuring  such  land  or  possession ;  provided,  that  if  the  lands  so 
occupied  and  possessed  contain  mines  of  any  of  the  precious 
metals,  the  possession  or  claim  of  the  person  or  persons  occupy- 


90  MINING  LAWS  OF  NEVADA 

ing  the  same,  for  the  purposes  aforesaid,  shall  not  preclude  the 
working  of  such  mines  by  any  person  or  persons  desiring  so  to 
do,  as  fully  and  unreservedly  as  they  might  or  could  do  had  no 
possession  or  claim  been  made  for  grazing  or  agricultural  pur- 
poses. 


May  Enter  Upon  Mineral  Lands— Compensation  for  Injury. 

Sec.  2.  The  several  grants  made  by  the  United  States  to  the 
State  of  Nevada  reserved  the  mineral  lands.  Sales  of  such  lands 
made  by  the  State  were  made  subject  to  such  reservation.  Any 
citizen  of  the  United  States,  or  person  having  declared  his  in- 
tention to  bzecome  such,  may  enter  upon  any  mineral  lands  in 
this  State,  notwithstanding  the  State's  selection,  and  explore 
for  gold,  silver,  copper,  lead,  cinnabar,  or  other  valuable  min- 
eral, and  upon  the  discovery  of  such  valuable  mineral,  may 
work  and  mine  the  same  in  pursuance  of  the  local  rules  and 
regulations  of  the  miners  and  the  laws  of  the  United  States; 
provided,  that  after  a  person  who  has  purchased  land  from  the 
State  has  made  valuable  improvements  thereon,  such  improve- 
ments shall  not  be  taken  or  injured  without  full  compensation. 
But  such  improvements  may  be  condemned  for  the  uses  and 
purposes  of  mining  in  like  manner  as  private  property  is  by  law 
condemned  and  taken  for  public  use.  Mining  for  gold,  silver, 
copper,  lead,  cinnabar,  and  other  valuable  minerals  is  the  para- 
mount interest  of  this  State,  and  is  hereby  declared  to  be  a  pub- 
lic use.  Stats.  1887,  p.  102. 


State  Disclaims  Interest  in  Mineral  Lands. 

Sec.  3.  Every  contract,  patent  or  deed  hereafter  made  by 
this  State  or  the  authorized  agents  thereof,  shall  contain  a  pro- 
vision expressly  reserving  all  mines  of  gold,  silver,  copper,  lead, 
cinnabar  and  other  valuable  minerals  that  may  exist  in  such 
land,  and  the  State,  for  itself  and  its  grantees,  hereby  disclaims 
any  interest  in  mineral  lands  heretofore  or  hereafter  selected 
by  the  State  on  account  of  any  grant  fro  mthe  United  States. 
All  persons  desiring  titles  to  mines  upon  lands  which  have  been 
selected  by  the  State  must  obtain  such  title  from  the  United 
States,  under  the  laws  of  congress,  notwithstandingn  such  se- 
lection. Stats.  1897,  p.  36. 

Heydenfeldt  v.  Daney  G.  &  S.  M.  Co.,  10  Nev.  290. 


MINING  LA^S  OF  NEVADA  91 

TRESPASS  ON  PATENTED  MINING  GROUND. 

Statutes  1901,  p.  118. 
Trespassing  a  Misdeameanor. 

Section  1.  Any  person  or  persons  knowingly  and  unlawfully 
trespassing  upon  any  mining  ground  for  which  a  United  States 
mineral  patent  has  been  issued  shall  be  guilty  of  a  misde- 
meanor. 

Sec.  2.  Any  person  or  persons  knowingly  and  unlawfully 
entering  and  trespassing  upon  any  mining  ground  for  which 
a  United  States  mineral  patent  has  been  issued,  and  removes, 
therefrom  any  soil,  substance,  or  mineral  of  any  kind  or  char- 
acter whatever  or  interferes  in  any  manner  with  the  workings 
of  said  patented  mine,  or  places  in  any  shaft,  cut,  tunnel  or 
workings  of  said  patented  mine  any  obstruction  to  the  develp- 
ment  or  free  use  and  occupancy  of  the  same  by  the  lawful  own- 
ers or  their  legal  agents  or  representatives,  shall  be  deemed 
guilty  of  misdemeanor,  and  upon  conviction  thereof  shall  be 
fined  in  the  sum  of  three  hundred  dolars  or  imprisoned  in  the 
county  jail  for  the  term  of  six  months,  or  by  both  such  fine  and 
imprisonment. 

Applies  to  Esmeralda  County. 

Sec.  3.  The  provisions  of  this  Act  shall  only  apply  to  counties 
that  cast  between  400  and  425  votes  for  Members  of  Congress, 
at  the  general  election  held  in  1900. 

LEGAL  DAY'S  WORK. 

Statutes  1903,  p.  33. 
Eight  Hours  a  Legal  Day's  Labor  in  Underground  Mines. 

Section  1.     The  period  of  employment  of  working  men  in  all 
underground  mines  or  workings  shall  be  eight  (8)  hours  per 
day,  except  in  cases  of  emergency  where  life  or  property  is  in 
imminent  danger. 
Same  in  Smelters,  Etc. 

Sec.  2.  The  period  of  employment  of  working  meji  in  smel- 
ters and  in  all  other  institutions  for  the  reduction  or  refining 
of  ores  or  metals  shall  be  eight  (8)  hours  per  day,  except  in 
cases  of  emergency  where  life  or  property  is  in  imminent 
danger. 

Misdemeanor— Penalty. 

Sec.  3.  Any  person  who  violates  either  of  the  preceding  sec- 
tions of  this  Act,  or  any  person,  corporation,  employer  or  his 


92  MINING  LAWS  OF  NEVADA 

or  its  agent,  who  hires,  contracts  with,  or  causes  any  person  tft 
work  in  an  underground  mine  or  other  underground  workings, 
or  in  a  smelter  or  any  other  institution  or  place  for  the  reduc- 
tion or  refining  of  ores  or  metals  for  a  period  of  time  longer 
than  eight  (8)  hours  during  one  day  unless  life  and  property 
shall  be  in  imminent  danger  shall  be  guilty  of  a  misdemeanor 
and  upon  conviction  thereof  shall  be  punished  by  a  fine  of  not 
less  than  one  hundred  ($100)  dollars,  nor  more  than  five  hun- 
dred ($500)  dollars,  or  imprisonment  in  the  county  jail  not 
more  than  six  months,  or  by  both  such  fine  and  imprisonment. 

PROTECTION  OF  EMPLOYEES. 

Statutes  1903,  p.  34. 

Limiting  Use  of  Collars,  Sleeves  or  Pulleys  on  Shafting  Ma- 
chinery. 

Section  1.  It  shall  be  unlawful  for  any  person,  company  or 
corporation,  after  the  first  day  of  July,  nineteen  hundred  and 
three,  to  construct  or  place  any  shaft  or  shafting  with  collars, 
sleeves  or  pulleys  over  two  feet  in  diameter  attached  or  secured 
to  such  shaft  by  set  screws  projecting  above  the  hub  of  such 
collars,  sleeves  or  pulleys.  In  all  such  cases  where  set  screws 
are  used,  the  heads  thereof  shall  be  countersunk  below  the  sur- 
face of  the  hub  of  the  collar,  sleeve  or  pulley  in  which  they  are 
placed. 

Misdemeanor— Penalty. 

Sec.  2.  Any  person  or  corporation  who  shall,  after  the  first 
day  of  July,  1903,  fail  or  refuse  to  comply  with  the  require- 
ments of  this  Act,  when  constructing  or  changing  any  ma- 
chinery, shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  not  less  than  one  hundred  nor  more  than 
five  hundred  dollars. 

Not  to  Prevent  Recovery  of  Damages. 

Sec.  3.  Nothing  contained  in  this  Act  shall  be  so  construed 
as  to  prevent  recovery  in  a  suit  for  damages,  for  injuries  sus- 
tained by  the  party  so  injured  or  his  heirs  or  administrators. 

An  Act  to  amend  an  Act  for  the  greater  security  of  life,  by 
providing  safety  cages,  etc.  March  17,  1905. 

Section  1.  Section  one  of  the  Act  of  which  this  act  is  amen- 
datory is  hereby  amended  so  as  to  read  as  follows : 

Section  1.  It  shall  be  unlawful  for  any  person  or  persons, 
company  Or  companies,  corporation  or  corporations,  after  the 
first  day  of  July  A.  D.  nineteen  hundred  and  five,  to  sink  or 


MINING  LAWS  OF  NEVADA  93 

work  through  any  vertical  shaft,  at  a  greater  depth  than  three 
hundred  and  fifty  feet,  unless  the  said  shaft  shall  be  provided 
with  an  iron-bonneted  safety  cage,  to  be  used  in  the  lowering 
and  hoisting  of  the  employees  of  such  person  or  persons,  com- 
pany or  companies,  corporation  or  corporations.  The  safety 
apparatus  shall  be  securely  fastened  to  the  cage  and  shall  b-~ 
of  sufficient  strength  to  hold  the  cage  loaded  at  any  depth  ti 
which  the  shaft  may  be  sunk.  In  any  shaft  less  than  three  hun- 
dred and  fifty  feet  deep  where  no  safety  cage  is  used  and  where 
crosshead  or  crossheads  are  used,  platforms  for  employees,  to 
ride  upon  in  lowering  and  hoisting  said  employees  shall  be 
placed  above  said  crosshead  or  crossheads;  the  provisions  of 
this  Act  requiring  the  placing  of  said  platforms  on  said  cross- 
head  or  crossheads  not  later  than  the  first  day  of  July,  A.  D. 
nineteen  hundred  and  five. 

Sec.  2.  Any  person  or  persons,  company  or  companies,  cor- 
poration or  corporations  or  the  managing  agent  of  any  person 
or  persons,  company  or  companies,  corporation  or  corporations, 
violating  the  provisions  of  this  Act  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  in 
the  sum  of  five  hundred  dollars,  or  imprisoned  in  the  county 
jail  for  the  term  of  six  months,  or  by  both  such  fine  and  im- 
prisonment. 

AMENDMENT  OF  1907. 
AN  ACT 

FOR  THE  BETTER  PROTECTION  OF  THE  RIGHTS  OF  LO- 
CATORS OF  MINING  CLAIMS. 

Section  1.  Whenever  the  locator  of  a  mining  claim  shall 
file  his  certificate  of  location  in  accordance  with  the  law  and 
pay  the  prescribed  fees  therefor,  it  shall  be  the  duty  of  the 
Mining  District  Recorder,  and  of  the  County  Recorder,  with 
whom  said  certificate  is  filed  forthwith  to  give  such  locator,  or 
his  agent,  a  receipt  therefor,  stating  the  day  and  hour  such 
certificate  of  location  was  filed. 

Sec.  2.  The  receipt  called  for  in  section  one  of  this  Act 
shall  be  prima  facie  evidence  that  the  certificate  of  location  has 
been  duly  filed,  and  of  the  date  of  filing. 

Sec.  3.  Any  Mining  District  Recorder  or  County  Recorder 
neglecting  or  refusing  to  comply  with  the  provisions  of  this  Act 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  convic- 
tion thereof,  shall  be  punished  by  a  fine  not  exceeding  five 
'hundred  ($500)  dollars,  or  by  imprisonment  in  the  county  jail 
not  exceeding  six  months,  or  by  both  such  fine  and 'imprison- 
ment. 


94  MINING  LAWS  OF  NEVADA 


NEVADA 
PRELIMINARY  NOTICE  FOR  POSTING. 

Notice  is  hereby  given  that  we, 

being  each  native  born  citizens  of  the  United  States,  have  on 

this day  of 190 .  .  discovered  a  lode 

bearing  gold,  silver  and  other  valuable  deposits,  and  have 

named  the  same  the Lode. 

The  course  of  the  lode  is and  we  claim 

hundred  feet  on  the  vein  of  the  point 

where  the  discovery  was  made,  and  upon  which  this  notice  is 

posted,  and hundred  feet from  said  place 

of  discovery ;  and  we  claim  three  hundred  feet  on  each  side  of 
the  center  of  the  vein. 

Dated  and  posted  on  the  ground  this day  of 190.  . 


Act.  1897,  Sec.  I.  Any  person.,  a  citizen  of  the  United  States,  or  one 
who  has  declared  his  intention  to  become  such,  who  discovers  a  vein  or 
lode,  may  locate  a  claim  upon  such  vein  or  lode  by  denning  the  boundaries 
of  the  claim  in  manner  hereinafter  described,  and  by  posting  a  notice  of 
such  location  at  the  point  of  discovery,  which  notice  must  contain:  First: 
— The  name  of  the  lode  or  claim.  Second: — The  name  of  the  locator  or 
locators.  Third: — The  date  of  the  location.  Fourth: — The  number  of 
linear  feet  claimed  in  length  along  the  course  of  the  vein,  each  way  from 
the  point  of  discovery,  with  the  width  on  each  side  of  the  center  of  the 
vein,  and  the  general  course  of  the  vein  or  lode  as  near  as  may  be. 


MINING  LAWS  OF  NEVADA  95 

NEVADA 
LOCATION  CERTIFICATE.-LODE  CLAIM. 

We, ,  being 

native  born  citizens  of  the  United  States,  hereby  declare : 

That  on  the day  of 190 . . ,  we  discovered 

and  located  a  lode  bearing  gold,  silver  and  other  valuable  de- 
posits, and  on  the  same  day  posted  our  notice  of  location  at 

the  place  of  discovery,  and  named  the  lode  the 

Lode. 

That  the  general  course  of  the  vein  is and 

,  and  we  claim hundred 

feet  on  the  vein ,  and hundred  feet 

from and 

three  hundred  feet  on  each  side  of  the  center  of  the  vein. 

That  the  discovery  shaft  is  located  at , 

and  is feet  deep  and feet  long  and 

feet  wide,  and  discloses  a  well-defined  crevice,  lode 

or  vein. 

That  the  claim  is  located  in  the Mining 

District,  in County,  State  of  Nevada, 

being  situated  about  * 

That  the  following  is  a  description  of  said  location  as  marked 

on  the  ground :  Commencing  at  the 

of  said  claim,  a ,  from 

which  initial  point  the  discovery  monument  is  distant  about 

feet  in  a 

direction ;  thence  running  ** 

Dated..  ..190... 


NOTE. — *Here  refer  to  some  natural  object  or  permanent  monument, 
so  as  to  identify  the  locality  of  the  claim,  in  compliance  with  Sec.  23-24 
Revised  Statutes  of  the  United  States,  and  Sec.  3  of  the  Act  of  1897, 
Nevada.  A  road  house,  tree,  known  mountain  or  peak,  government  corner, 
mill,  or  known  mining  claim,  etc.,  are  such  objects  or  monuments  as 
"about  one  mile  directlay  east  from  Jim  Budd's  quartz  mill  and  about  400 
rods  west  from  the  Lone  Star  Mine,"  etc. 

**Here  follows  description  of  claim,  for  instance:  "Thence  running  600 
feet  northwesterly  to  the  northwest  corner  of  said  claim,  at  which  is  a 
"mound  of  rocks  four  feet  high  marked  so-and-so  |if  marked);  thence  1,500 
feet  southwesterly  to  the  southwest  corner  of  said  claim,  a  mound  of 
rocks."  etc.;  so  going  around  the  claim  to  point  of  beginning. 


96  MINING  LAWS  OF  NEVADA 

NEVADA. 
NOTICE  OF  LOCATION  OF  PLACER  CLAIM. 

Notice  is  hereby  given,  That 

citizen.,  of  the  United  States,  h..  this day  of 

189 . .  discovered  a  valuable  placer  deposit 

within  the  limits  of  this  claim;  that  by  virtue  of  said  dis- 
covery,   

ha. .  located,  and  hereby  locate  and  claim  the  following  de- 
scribed land,  situate  in Mining  District, 

County,  Nevada,  to-wit  :*  

of  section  ,  Township ,  Range 

,  containing acres. *  Said  claim  is 

hereby  named Placer  Claim.  Said  claim 

is  marked  upon  the  ground  as  follows  :* 

This  notice  is  posted  on  a  mound  of  rocks  at  the  point  of 
discovery,  situated  §  

Dated  and  posted  on  the  ground,  this day  of 189 . . 


Locator. 


*The  statute  provides  that  the  locator  must  give  "a  description  of  the 
claim  by  reference  to  legal  subdivisions  of  sections,  if  the  location  is 
made  in  conformity  with  the  public  surveys;  otherwise  a  description  with 
reference  to  some  natural  object  or  permanent  monument  as  will  identify 
the  claim. 

tWhen  not  described  by  legal  subdivisions,  the  .description  should  con- 
form to  that  contained  in  the  final  certificate  or  location  of  a  lode  claim. 

JThe  statute  provides  that,  whether  described  by  legal  subdivisions  or 
not,  the  location  shall  be  marked  by  the  locator  on  the  ground,  and  as 
the  affidavit  to  be  filed  later  is  not  required  to  contain  a  description  of 
the  claim,  we  think  this  notice  should  state  how  the  location  is  marked; 
as,  for  instance,  "At  the  N.  E.  corner  of  said  tract  a  mound  of  rocks  3  •  ft. 
high,  marked1  so-and-so  (if  marked),  and  at  the  N.  W.  corner  a  stake  in 
a  mound  of  rocks,  marked,"  etc.,  and  so  on  for  each  monument  enclosing 
the  claim. 

§Here  state  where  the  discovery  is  located,  as,  for  instance,  "20  ft. 
S.  W.  of  the  N.E.  corner  monument." 

||A  duplicate  of  this  notice  must  be  filed  for  record  with  the  county 
recorder  within  thirty  days  from  the  discovery;  and  the  locator  is  allowed 
thirty  days  to  mark  his  location  on  the  ground.  Within  sixty  days  the 
locator  must  do  work  upon  this  claim  to  the  amount  of  at  least  $20, 
and  file  an  affidavit  with  the  county  recorder  showing  such  performance. 


MINING  LAWS  OF  NEVADA 


3JA 

s| 

02^ 


End 

Monument 
Oi 


•f? 

11 


300  ft. 


«     300  ft. 


!j* 


Side  Line 
Monument 


End 
Monument 


If 
•11 


This  diagram  is  to  give  locator  a  general  idea  of  ^plan  of 
location  under  the  new  law.  The  Discovery  Shaft  can  be  in 
the  center  of  claim  or  any  distance  from  either  end  desired.  In 
the  diagram  it  is  placed  500  feet  from  one  end  and  1000  feet 
from  the  other.  Commence  description  of  claim  at  a  center 
end  monument,  giving  its  distance  and  direction  from  center  of 
Discovery  Shaft ;  thence  bound  the  claim  in  either  direction. 
In  description  be  careful  to  state  locality  of  claim  with  refer- 
ence to  some  natural  object,  or  permanent  monument,  as  will 
identify  the  claim. 


H.  HUNTER 

Mining    Engineer   and 
Ejcpert 


Thirty  Years  Experience  as  a 

Practical  Mining  Engineer 

In  the   Western  States  and 
Alaska. 


/  tvill  ejcamine  yotir 

Mining  "Properties^  ma 

reports  on  them  and 

advise  concerning 

the   treatment 

of  Ores. 


ADDRESS 

550    WILCOX    BLDG. 

Los  Angeles,  California 


MINING  LAWS  OF  UTAH 

(See  also  U.  S.  Mining  Laws.) 


Mining  Act  of  1899. 

An  Act  providing  for  the  Manner  of  Locating  and  Recording 
Quartz  and  Placer  Mining  Claims,  and  Copying  Records  and 
Defining  the  Duties  of  County  Recorders  and  District  Mining 
Recorders,  and  Repealing  certain  Sections  of  the  Revised 
Statutes  of  Utah. 

Section  1.  (Extent.  No  location  to  be  made  until  dis-N 
covery  of  vein.)  A  Mining  Claim,  whether  located  by 
one  or  more  persons,  may  equal,  but  shall  not  exceed, 
one  thousand  five  hundred  feet  in  length  along  the  vein  or 
lode ;  but  no  location  of  a;  mining  claim  shall  be  made  until  the 
discovery  of  the  vein  or  lode  within  the  limits  of  the  claim 
located.  Any  lode  mining  claim  may  extend  three  hundred 
feet  on  each  side  of  the  middle  of  the  vein  at  the  surface,  except 
where  adverse  rights  render  a  lesser  width  necessary.  The 
end  lines  of  each  claim  must  be  parallel. 
1  Utah  173,  2  Utah  174. 

Sec.  2.  (Monument.  Notice.)  The  locator  at  the  time 
of  making  the  discovery  of  such  vein  or  lode,  must  erect  a 
monument  at  the  place  of  discovery,  and  post  thereon  his  notice 
of  location,  which  notice  shall  contain : 

1st.     The  name  of  the  lode  or  claim. 

2nd.     The  name  of  the  locator  or  locators. 

3rd.     The  date  of  the  location. 

4th.  If  a  lode  claim,  the  number  of  linear  feet  claimed  in 
length  along  the  course  >of  the  vein  each  way  from  the  point 
of  discovery,  with  the  width  on  each  side  of  the  center  of  the 
vein,  and  the  general  course  of  the  vein  or  lode,  as  near  as  may 
be,  and  such  a  description  of  the  claim,  located  by  reference 
to  some  natural  object  or  permanent  monument  as  will  identify 
the  claim. 

5th.     If  a  placer  or  millsite  claim,  the  number  of  acres  or 
superficial  feet  claimed,  and  such  a  description  of  the  claim 
or  millsite  located  by  reference  to  some  natural  object  or  per- 
manent monument   as  will  identify  the  claim  or  millsite. 
5  Utah  3,  1  Utah  292,  2  Utah  54,  3  Utah  94,  3  Utah  59, 
111  U.  S.  350,  3  Utah  77,  3  Utah  235,  7  Utah  8,  151  U.  S.  - 
317,  160  U.  S.  303,  6  Utah  273,  130  U.  S.  256,  4  Utah  521, 
116  U.  S.  418,  124  U.  S.  326,  2  Utah  174,  7  Utah  515,  160  U. 


100  MINING  LAWS  OF  UTAH 

S.  303,  10  Utah  266,  11  Utah  324,  9  Utah  192,  3  Utah  160, 
98  U.  S.  463,  2  Utah  355. 

Sec.  3.  (Boundaries  Marked.)  Mining  Claims  and  mill 
sites  must  be  distinctly  marked  on  the  ground,  so  that  the 
boundaries  thereof  can  be  readily  traced. 

Sec.  4.  (Filing  copy  of  notice.  »  Fee.)  Within  thirty 
days  from  the  date  of  posting  the  location  notice  upon  the 
claim,  the  locator  or  locators,  or  his  or  their  assigns,  must  file 
for  record  in  the  office  of  the  county  recorder  of  the  county  in 
which  such  claim  is  situated,  if  said  claim  be  situated  without 
and  beyond  an  original  mining  district,  a  substantial  copy  of 
such  notice  of  location.  Such  county  recorder  shall  charge 
and  collect  a'  fee  of  seventy-five  cents  for  filing  and  recording 
and  indexing  and  abstracting  such  notice;  PROVIDED,  that 
suc'h  notice  of  location  shall  not  be  abstracted  unless  a  subse- 
quent conveyance  affecting  the  same  property  be  filed  for 
record,  when  said  notice  shall  be  abstracted. 
160  U.  S.  303. 

Sec.  5.  (Notice  of  assessment  work  being  done.)  Every 
person  or  company  owning  a  group  of  claims,  and  doing 
the  development  or  assessment  work,  for  said  group  at  one 
point, '  shall  post  a  notice  upon  each  claim  at  the  discovery 
monument,  stating  where  such  work  is  being  done,  and  also 
post  a  notice  at  the  entrance  of  the  workings,  where  said  work 
is  done,  stating  the  names  of  the  claims  for  which  the  work  is 
done. 

Sec.  6.  (Filing  affidavit  of  work  done.)  The  owner 
of  any  quartz  lode  or  placer  mining  claim  who  shall  do 
or  perform,  or  cause  to  be  done  or  performed  the  annual 
labor  or  improvements  required  by  the  laws  of  the  United 
States,  in  order  to  prevent  a  forfeiture  of  the  claim,  must, 
within  thirty  days  after  the  completion  of  such  work  or  im- 
provements, file  in  the  office  of  the  county  recorder  in  which 
the  greater  part  of  the  mining  district,  in  which  such  claim  is 
located,  is  situated,  his  affidavit  or  an  affidavit  or  affidavits  of 
the  person  or  persons  who  performed  or  directed  such  labor 
or  made  or  directed  such  improvements,  and  shall  file  a  dupli- 
cate thereof  with  the  district  mining  recorder  of  the  district 
in  which  said  claim  is  situated,  showing: 

1st.     The  name  of  the  claim,  and  where  situated. 

2nd.  The  number  of  days  work  done  and  the  character  and 
value  of  the  improvements  placed  thereon. 

3rd.  The  date  or  dates  of  performing  said  labor  and  making 
said  improvements  and  number  of  cubic  feet  of  earth  or  rock 
removed. 

4th.  At  whose  instance  or  request  said  work  was  done,  or 
improvements  made. 


MINING  LAWS  OF  UTAH  101 

5th.  The  actual  amount  paid  for  said  labor  and  improve- 
ments, and  by  whom  paid,  when  the  same  was  not  done  by 
the  owner  or  owners  of  said  claim. 

Such    affidavits    or   duly    certified   copies    thereof   shall    be 
prima   facie   evidence   of  the  facts  therein   stated. 
Ill  U.  S.  350,  6  Utah  183,  160  IT.  S.  303. 

Sec.  7.  (Reorganization  of.  mining  districts.)  Mining 
districts  may  be  organized,  and  all  existing  districts  may 
be  reorganized,  and  the  rules  and  regulations  of  the  said 
mining  district  shall  govern  the  said  district  according  to  the 
laws  of  the  United  States,  in  cases  where  a  district  organization 
is  desired ;  PROVIDED,  that  the  nearest  boundary  line  of  any 
mining  district  shall  not  be  within  ten  miles  from  the  county 
recorder's  office  of  any  county. 

Sec.  8.  (Copying  records.  Expense.)  Upon  application 
of  the  district  mining  recorder  of  any  mining  district  to  the 
board  of  county  commissioners  of  the  county  having  in 
custody  the  records  of  the  said  mining  district,  the  said  board 
of  county  commissioners  shall  cause  the  records  of  such  district 
to  be  copied  by  the  county  recorder,  and  shall  cause  all  records 
of  documents  pertaining  to  district  mining  records,  recorded 
since  June  4th,  1896,  up  to  the  time_of  delivery,  to  be  recorded 
in  the  original  records  of  the  mining  district  in  which  the 
property  is  situated,  and  the  original  records  when  so  amended, 
shall  be  delivered  to  such  district  mining  recorder.  The  copy 
so  made  shall  remain  in  the  office  of  the  county  recorder,  and 
shall  be  considered  as  the  original  record.  One-half  of  the 
expense  of  copying  such  records  shall  be  paid  out  of  the  county 
treasury,  and  one-half  shall  be  paid  out  of  the  state  treasury. 

Sec.  9.  (Duplicate  notice  of  location.  Fee.  Penalty.) 
It  shall  be  the  duty  of  every  district  mining  recorder 
to  require  every  person  depositing  for  record  a  notice 
of  location  to  make  a  duplicate  copy  thereof,  which  copy  said 
mining  recorder  shall  carefully  compare  with  the  original  and 
mark  ''duplicate,"  and  endorse  thereon  his  name,  and  the 
date  and  hour  and  fact  of  filing  in  his  office  of  the  original. 
He  shall,  at  the  time  of  filing  the  duplicate  notice  with  the  orig- 
inal, collect,  in  addition  to  his  own  fee,  the  sum  of  seventy-five 
cents  which  shall  be  the  fee  for  the  county  recorder  for 
recording  such  duplicate.  He  shall  immediately  deposit  the 
duplicate  copy  with  the  county  recorder  of  the  county  in 
which  the  greater  part  of  the  said  mining  district  is  located 
for  record,  or  forward  the  same  to  him  by  mail  or  express,  or 
in  such  other  manner  as  will  insure  safe  transit  and  delivery. 
The  fee  of  seventy-five  cents  shall  accompany  the  duplicate. 
"The  county  recorder  shall  record  said  duplicate  with  the  en- 
dorsements thereon  for  said  fee.  The  record  of  said  duplicate 


102  MINING  LAWS  OF  UTAH 

notice  in  the  office  of  the  county  recorder  shall  be  considered 
an  original  record.  Every  person  neglecting  or  refusing  to 
comply  with  any  of  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof 
shall  be  punished  by  a  fine  not  exceeding  five  hundred  dollars, 
or  by  imprisonment  in  the  county  jail  not  exceeding  six  months, 
or  by  both  such  fine  and  imprisonment. 

Sec.  10.  (Copies  of  notices  to  be  received  as  evidence). 
Copies  of  notices  of  location  of  mining  claims,  mill  sites 
and  tunnel  sites,  heretofore  recorded  in  the  records  of 
the  several  mining  districts,  and  copies  of  the  mining  rules 
and  regulations  in  force  in  the  several  mining  districts,  in  like 
mannejr  recorded,  heretofore  duly  certified  by  the  mining 
recorder,  shall  be  receivable  in  all  tribunals  and  before  all 
officers  of  this  state  as  prima  facie  evidence. 

Sec.  11.  Where  books,  records  and  documents  pertaining 
to  the  office  of  district  mining  recorder  have  been  or  shall 
hereafter  be  deposited  in  the  office  of  any  county  recorder  of 
this  state,  such  county  recorder  is  authorized  to  make  and 
certify  copies  therefrom,  and  such  certified  copies  shall  be 
receivable  in  all  tribunals  and  before  all  officers  of  this  state 
in  the  same  manner  and  to  the  same  effect  as  if  such  records 
had  been  originally  filed  or  made  in  the  office  of  the  county 
recorder. 

Sec.  12.  (County  Recorder  to  Record  Rules.  Certified  Copies.) 
It  shall  be  the  duty  of  each  county  recorder  to  record 
the  rules  and  regulations  of  the  several  mining  dis- 
tricts in  his  county  without  fee,  and  certified  copies  of 
such  records  shall  be  received  in  all  tribunals  and  before  all 
officers  of  this  state  as  prima  facie  evidence  of  such  rules  and 
regulations,  and  it  shall  be  his  duty  to  record,  index  and  ab- 
stract all  mining  location  notices  presented  for  record,  for  a 
fee  not  to  exceed  seventy-five  cents  for  each  notice  and  to  file 
and  index  all  affidavits  of  labor  presented  for  filing  affecting 
one  mining  claim  for  a  fee  not  to  exceed  twenty-five  cents ; 
PROVIDED,  that  when  an  affidavit  of  labor  contains  the  name 
of  more  than  one  mining  claim,  an  additional  fee  of  ten  cents 
shall  be  charged  for  each  additional  claim  named  therein. 

Sec.  13.  (Recorder  of  Mining  District  to  give  Bond.)  The 
recorder  of  each  mining  district  shall  take  the  oath  of  office 
and  give  bond  with  sureties  in  the  penal  sum  of  one  thousand 
dollars.  Such  bond  must  be  approved  by  the  district  judge 
and  filed  in  the  office  of  the  county  clerk  of  the  county  in 
which  the  greater  part  of  the  said  mining  district  is  located. 
Where  the  recorder  of  any  mining  district  appoints  a  deputy, 
the  recorder  and  his  bondsmen  shall  be  responsible  for  the 
official  acts  of  such  deputy. 


MINING  LAWS  OF  UTAH  103 

Sec.  14.  (District  Recorder  to  make  Copies.)  It  shall  be 
the  duty  of  the  recorder  of  a  mining  district  upon  request  and 
payment  or  tender  of  the  fees  therefor,  to  make  and  deliver  to 
any  person  requesting  the  same,  duly  certified  copies  of  any 
records  in  his  custody,  and  for  a  failure  so  to  do,  or  for  receiv- 
ing larger  fees  for  any  such  service  than  those  provided  he 
shall  be  deemed  guilty  of  a  misdemeanor. 

Sec.  15.  (Vacancy.  County  Recorder  to  receive  Records.) 
"Whenever  there  is  a  vacancy  in  the  office  of  recorder  of  any 
mining  district,  or  the  person  holding  such  office  shall  remove 
from  the  district,  leaving  therein  no  qualified  successor  in 
office ;  or  whenever  from  any  cause  there  is  no  person  in  such 
district  authorized  to  retain  the  custody  and  give  certified 
copies  of  the  records,  it  shall  be  the  duty  of  the  person  having 
custody  of  the  records  to  deposit  the  same  in  the  office  of  the 
county  recorder  of  the  county  in  which  such  mining  district 
or  the  greater  part  thereof  is  situated,  and  the  county  recorder 
shall  receive  such  records,  and  is  hereby  authorized  to  make 
and  certify  copies  therefrom,  and  such  certified  copies  shall 
be  received  in  evidence  in  all  courts  and  before  all  officers 
and  tribunals.  The  production  of  a  certified  copy  so  made, 
shall  be,  without  other  proof,  evidence  that  such  records  were 
properly  in  the  custody  of  the  county  recorder. 

Sec.  16.  (Pees  of  Mining  Recorder.)  Every  mining  recor- 
der shall  be  allowed  the  same  fees  for  recording  and  making 
copies  of  any  record  in  his  custody  as  are  allowed  by  law  to 
county  recorders  for  similar  services;  PROVIDED,  that  fees 
for  recording  location  notices  may  equal  but  shall  not  exceed 
one  dollar  for  each  notice. 

Sec.  17.  (Sections  Repealed.)  Sections  1495,  1496,  1497, 
1498,  1499,  1500,  1501,  1502,  1503,  1504,  1505,  1506,  1537  and 
990  of  the  Revised  Statutes  of  Utah  are  hereby  repealed. 

Approved  March  3,  1899. 

REVISED  STATUTES. 

Sec.  1337.  (In  Mines  and  Smelters.)  The  period  of  employ- 
ment of  working  men  in  all  underground  mines  or  workings, 
and  in  smelters  and  all  other  institutions  for  the  reduction  or 
refining  of  ores  or  metals,  shall  be  eight  hours  per  day,  except 
in  cases  of  emergency  where  life  or  property  is  in  imminent 
danger.  Any  person,  body  corporate,  agent,  manager  or  'em- 
ployer who  shall  violate  any  of  the  provisions  of  this  section 
shall  be  deemed  guilty  of  a  misdemeanor. 
14  Utah  96,  14  Utah  71. 

Sec.  1338.  (This  Section  makes  it  a  misdemeanor  to  employ 
any  child  under  14  years  in  any  mine  or  smelter). 

Sec.  1381.  (Liens  on  Mines.)  The  provisions  of  this  chapter 
shall  apply  to  all  persons  who  shall  do  work  or  furnish 


104  MINING  LAWS  OF  UTAH 

materials  for  the  working,  preservation,  or  development  of  any 
mine,  lode,  mining  claim,  or  deposit  yielding  metals  or  minerals 
of  any  kind,  or  for  the  working,  preservation,  or  development 
of  any  such  mine,  lode,  or  deposit  in  search  of  such  metals  or 
minerals,  and  to  all  persons  who  shall  do  work  or  furnish 
materials  upon  any  shaft,  tunnel,  incline,  adit,  drift,  drain,  or 
other  excavation  of  any  such  mine,  lode,  or  deposit;  PRO- 
VIDED, that  when  two  or  more  such  lodes  or  deposits,  owned 
or  claimed  by  the  same  person  or  persons,  or  where  the  owners 
are  different  persons,  and  the  same  with  the  consent  of  all 
shall  be  worked  through  a  common  shaft,  tunnel,  incline,  adit, 
drift,  or  other  excavation,  then  all  the  mines,  lodes,  or  de- 
posits so  worked,  shall  for  the  purpose  of  this  chapter,  be 
deemed  one  mine. 

6  Utah  351,  151  U.  S.  447,  104  U.  S.  176. 

See.  1382.  (Id.  Attaches  to  Lessee's  Interest.)  The  next 
preceding  section  shall  not  be  deemed  to  apply  to  the;  owner  or 
owners  of  any  mine,  lode,  deposit,  shaft,  tunnel,  incline,  adit, 
drift  or  other  excavation  when  the  same  shall  be  worked  by  a 
lessee,  under  bond  or  otherwise;  but,  in  such  case,  the  persons 
entitled  to  a  lien  under  this  chapter  shall  have  a  lien  on  the 
leasehold  interest  and  on  the  ores  and  mineral  bearing  rock 
or  dirt  mined  and  excavated  by  the  lessee. 

Sec.  1535.  (Interfering  with  Notices,  Stakes,  Persons  in 
possession,  or  Records.)  Any  person  or  persons  who  shall 
willfully  or  maliciously  tear  down  or  deface  a  notice  posted 
on  a  mining  claim,  or  take  up  or  destroy  any  stake  or  monu- 
ment marking  any  such  claim,  or  interfere  with  any  person 
lawfully  in  possession  of  such  claim,  or  who  shall  alter,  erase, 
deface,  or  destroy  any  record  kept  by  a  mining  recorder,  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  of  not  less  than  twenty-five,  nor  more 
than  one  hundred  dollars,  or  by  imprisonment  for  not  less 
than  ten  days,  nor  more  than  six  months,  or  by  both  such  fine 
and  imprisonment.  Justices  of  the  peace  shall  have  jurisdic- 
tion of  such  offenses. 

Sec.  1536.  (Wrongful  taking  of  Ores.  Damages.)  Any 
person  wrongfully  entering  upon  any  mine  or  mining  claim. 
and  carrying  away  ores  therefrom,  or  wrongfully  extracting 
and  selling  ores  from  any  mine,  shall  be  liable  to  the  owner  or 
owners  of  such  ore  for  three  times  the  value  thereof;  and  should 
the  plaintiff  file  his  affidavit  that  the  defendant  did  unlawfully 
take  ores,  the  defendant  may  be  arrested  and  held  to  hail. 
as  in  cases  for  the  recovery  of  the  possession  of  personal  pro- 
perty unjustly  detained. 

FENCING,  SHAFTS,  ETC. 

Sec.  1538.     (Inclosing  shaft.)     Any  person  that  has  sunk  or 


MINING  LAWS  OP  UTAH  105 

shall  sink  a  shaft  or  well  on  the  public  domain,  or  commons, 
for  any  purpose,  shall  inclose  such  shaft  or  well  with  a  sub- 
stantial curb  or  fence,  which  shall  be  at  least  four  and  a  half 
feet  high. 

Sec.  1539.  (Id.  Pits.  Slack  coal  burning.)  The  owner,  lessee 
or  agent  of  any  mine,  who,  by  working  such  mine,  has  caused 
or  may  hereafter  cause,  the  surface  on  the  public  domain,  com- 
mons, highw.ay,  or  other  lands  to  cave  in  and  form  a  pit  in 
which  persons  or  animals  are  likely  to  fall,  shall  cause  such 
cave  or  sink  to  be  filled  up,  or  to  be  securely  fenced  with  a 
good,  lawful  fence;  and  if  he  has  heaped  or  piled,  or  shall 
hereafter  heap  or  pile,  slack  coal  on  the  surface,  and  such  slack 
coal  shall  take  fire  and  endanger  the  life  or  safety  of  any  per- 
son or  animal,  he  shall  cause  the  fire  to  be  extinguished,  or  the 
burning  coal  to  be  inclosed  with  a  sufficient  fence. 

Sec.  1540.  (Penalty.)  Any  person  failing  to  comply  with 
the  provisions  of  this  chapter  shall  be  deemed  guilty  of  a  misde- 
meanor, and  shall  be  liable  for  all  damages. 

Sec.  2370.  (Mineral  lands  to  be  leased.)  Any  state  lands 
upon  which  stone,  coal,  coal  oil,  gas,  or  any  mineral  may  be 
found,  whether  such  land  has  theretofore  'been  leased  for  a 
term  of  years  or  not,  may  be  leased  for  the  purpose  of  obtaining 
therefrom  such  stone,  coal,  coal  oil,  gas,  or  any  mineral,  for 
such  length  of  time  and  conditioned  upon  the  payment  to  the 
state  board  of  land  commissioners  of  such  royalty  upon  the 
product,  as  the  state  board  of  land  commissioners  may  deter- 
mine. 

Sec.  2371.  (Rules  regarding  lease.)  The  state  board  of 
land  commissioners  is  hereby  authorized  to  make  all  necessary 
rules  and  regulations  to  carry  the  foregoing  section  into  effect. 

Sec.  3245.     (Property  exempt  from  execution.) 

5.  The  cabin  or  dwelling  of  a  miner  not  exceeding  in  value 
the  sum  of  five  hundred  dollars;  also  his  sluices,  pipes,  hose, 
windlass,  derrick,  cars,  pumps,  and  tools  not  exceeding  in  value 
five  hundred  dollars. 

Sec.  3511.     (Action  to  determine  adverse  claim.)     An  action 
may  be  brought  by  any  person  against  another  who  claims  an 
estate   or  interest  in  real  property  adverse  to  him,   for  the 
purpose  of  determining  such  adverse  claim. 
3  Utah  235. 

Sec.  3515.  (Order  for  survey  of  lands  and  mines.  Notice.) 
The  court  in  which  an  action  is  pending  for  the  recovery  of  real 
property,  or  for  damages  for  an  injury  thereto,  or  to  quiet  title 
or  to  determine  adverse  claims  thereto,  or  a  judge  of  such  court 
jnay,  on  motion,  upon  notice  by  either  party,  for  good  cause 
shown,  grant  an  order  allowing  to  such  party  the  right  to  enter 
upon  the  property  and  make  survey  and  measurement  thereof, 


106  MINING  LAWS  OF  UTAH 

and  of  any  tunnels,  shafts  or  drifts  thereon,  for  the  purpose  of 
the  action,  even  though  entry  for  such  purpose  has  to  be  made 
through  other  lands  belonging  to  parties  to  the  action. 

Sec.  3521.  (Mining  customs  and  rules  control  when.)  In 
actions  respecting  mining  claims  proof  must  be  admitted  of  the 
customs,  usages  or  regulations  established  and  in  force  in  the 
district,  bar,  diggings  or  camp  embracing  such  claim,  and  such 
customs,  usages  or  regulations  when  not  in  conflict  writh  the 
laws  of  this  state,  or  of  the  United  States,  must  govern  the 
decision  of  the  action. 

EMINENT  DOMAIN. 

Sec.  3588.  (Exercised  in  behalf  of  what  uses.)  Subject  to 
the  provisions  of  chapter  65,  Revised  Statutes,  1898,  the  right 
of  eminent  domain  may  be  exercised  in  behalf  of  the  following 
public  uses: 

1.  All  public  uses  authorized  by  the  government  of  the 
United  States. 

5.  Reservoirs,    dams,   water-gates,    canals,    ditches,    flumes, 
tunnels,   aqueducts   and   pipes  for  supplying  persons,   mines, 
mills,  smelters  or  other  works  for  the  reduction  of  ores,  with 
water  for  domestic  or  other  uses,  or  for  irrigating  purposes, 
or  for  draining  and  reclaiming  lands,  or  for  floating  logs  and 
lumber  on  streams  not  navigable. 

6.  Roads,  railroads,  tramways,  tunnels,  ditches,  flumes,  pipes 
and  dumping  places  to  facilitate  the  milling,  smelting  or  other 
reduction  of  ores,  or  the  working  of  mines;  outlets,  natural  or 
otherwise,  for  the  deposit  or  conduct  of  tailings,  refuse,  or 
water  from  mills,  smelters  or  other  works  for  the  reduction  of 
ores,  or  from  mines;  mill  dams;  natural  gas  or  oil  pipe  lines, 
tanks  or  reservoirs ;  also  an  occupancy  in  common  by  the  owners 
or  possessors  of  different  mines,  mills,  smelters,  or  other  places 
for  the  reduction  of  ores,  of  any  place  for  the  flow,  deposit  or 
conduct  of  tailings  or  refuse  matter. 

10.  Canals,  reservoirs,  dams,  ditches,  flumes,  aqueducts,  and 
pipes  for  supplying  and  storing  water  for  the  operation  of 
machinery  for  the  purpose  of  generating  and  transmitting  elec- 
tricity for  power,  light  or  heat. 

Sec.  4399.  (Salting  Mines.  Fraudulent  Assay.)  Every 
person  who,  with  intent  to  cheat,  wrong,  or  defraud,  places  in 
or  upon  any  mine  or  mining  claim,  any  ores  or  specimens  of  ores 
not  extracted  therefrom,  or  exhibits  any  ore  or  certificate  of 
assay  of  ore  not  extracted  therefrom,  for  the  purpose  of  selling 
any  mine  or  mining  claim,  or  interest  therein,  or  who  obtains 
any  money  or  property  by  any  such  false  pretense  or  artifice, 
is  guilty  of  a  felony. 

Sec.  4400.  (Changing  samples  or  assay  certificate.)  Every 
person  who  interferes  with,  or  in  any  manner  changes,  samples 


MINING  LAWS  OF  UTAH  107 

of  ores  or  bullion  produced  for  sampling,  or  changes  or  alters 
samples  or  packages  of  ores  or  bullion  which  have  been  pur- 
chased for  assaying,  or  who  shall  change  or  alter  any  certificate 
of  sampling  or  assaying,  with  intent  to  cheat,  wrong,  or  defraud, 
is  guilty  of  a  misdemeanor. 

Sec.  4401.  (Making  or  publishing  false  assay.)  Every  per- 
son who,  with  intent  to  cheat,  wrong  or  defraud,  makes  or 
publishes  a  false  sample  of  ore  or  bullion,  or  who  makes  or 
publishes,  or  causes  to  be  published,  a  false  assay  of  ore  or  bul- 
lion, is  guilty  of  a  misdemeanor. 

COAL  MINES. 

An  Act  providing  for  the  appointment  of  a  coal  mine  in- 
spector, defining  his  duties,  fixing  his  salary  and  providing  for 
the  inspection  of  coal  and  hydro-carbon  mines;  providing  for 
the  health  and  safety  of  the  persons  employed  therein,  and  for 
the  protection  of  property  connected  therewith,  and  repealing 
chapter  2,  title  42,  of  the  Revised  Statutes  of  Utah,  1898. 

This  Act  can  be  found  on  page  83  of  the  1901  Session  Laws 
of  the  State  of  Utah.  It  is  too  long  for  this  book. ' 

FIRE  PROTECTION  IN  MINES. 

An  Act  to  provide  for  fire  protection  in  all  of  the  mines  of 
the  State  of  Utah,  and  defining  the  same. 

Section  1.  (Certain  mines  to  have  fire  protection.)  That 
all  mines  having  but  one  exit,  and  the  same  is  covered  with 
the  building  containing  the  mechanical  plant,  furnace  room, 
or  blacksmith  shop,  shall  have  fire  protection.  Where  steam  is 
used,  hose  of  sufficient  length  to  reach  the  farthest  point  of  the 
plant  shall  be  attached  to  feed  pump  or  injector,  and  the 
same  kept  ready  for  immediate  use.  In  mines  where  water  is 
not  available,  chemical  fire  extinguishers  or  hand  grenades  shall 
be  kept  in  convenient  places  for  immediate  use,  and  it  shall 
be  the  duty  of  any  owner  or  operator  of  a  mine  in  the  state 
of  Utah  to  provide  fire  protection  as  mentioned  in  this  section, 
by  July  1st,  1901. 

Sec.  2.  (Penalty.)  Any  person  or  corporation  who  shall 
refuse  or  neglect  to  comply  with  the  provisions  of  this  act,  shall 
be  guilty  of  a  misdemeanor. 

Approved  this  25th  day  of  March,  1901. 

SAFETY  APPARATUS  IN  MINES. 

An  Act  providing  for  safety  apparatus  to  be  used  in  all 
mines  with  the  vertical  shaft. 

Section  1.  (Certain  shafts  to  be  provided  with  Safety  cages.) 
It  is  unlawful  for  any  person  or  corporation  to  sink  any  vertical 
shaft,  where  mining  cages  are  used,  to  a  greater  depth  than 


108  MINING  LAWS  OF  UTAH 

two  hundred  feet,  unless  the  shaft  is  provided  with  an  iron 
bonneted  safety  cage,  to  be  used  in  lowering  and  hoisting 
employees,  or  any  other  person.  The  safety  apparatus,  whether 
consisting  of  eccentrics,  springs  or  other  device,  must  be 
securely  fastened  to  the  cage,  and  of  sufficient  strength  to  hold 
the  cage  loaded  at  any  depth  to  which  the  shaft  may  be  sunk. 
The  iron  bonnet  must  be  made  of  boiler  sheet  iron  of  good 
quality,  at  least  three-sixteenths  of  an  inch  in  thickness,  and 
must  cover  the  top  of  the  cage  in  such  manner  as  to  afford 
the  greatest  protection  to  life  and  limb  from  any  debris  or  any- 
thing falling  down  the  shaft. 

Sec.  2.  (Penalty.)  Any  violation  of  this  act  is  punishable 
by  a  fine  of  not  less  than  two  hundred  or  more  than  five  hundred 
dollars,  the  same  to  be  paid  into  the  county  treasury  of  the 
county  in  which  the  case  is  tried. 

Sec.  3.     This  act  shall  take  effect  upon  approval. 

Approved  this  25th  day  of  March,  1901. 

LEASING  AND  SELLING  MINING  CLAIMS  OP 
ESTATES. 

An  Act  to  authorize  administrators,  executors  and  guardians 
to  lease  mining  claims  and  give  an  option  to  purchase  the 
same,  and  authorizing  the  court  to  require  bonds  and  prescrib- 
ing conditions  under  wrhich  title  may  be  obtained.  (Page  9,  Laws 
of  1903.) 

Section  1.  (Leasing  mining  claims  belonging  to  estates.) 
When  all  or  any  portion  of  the  estate  of  any  person  deceased, 
or  of  any  ward  under  guardianship,  consists  of  mining  claims, 
whether  patented  or  unpatented,  or  of  interests  in  mining 
claims,  the  administrator  or  executor  of  such  deceased  person 
or  the  guardian  of  the  property  of  the  ward,  may  petition  the 
court  having  jurisdiction  of  the  estate  for  leave  to  lease  mining 
claims,  or  interests  in  mining  claims,  belonging  to  the  estate 
of  the  deceased,  or  to  the  ward  with  an  option  to  the  lessee 
to  purchase  the  same;  and  if  upon  the  hearing  it  appears  to 
the  court  that  it  is  for  the  interests  of  the  estate,  the  court  may 
make  an  order  authorizing  the  administrator,  executor  or 
guardian  to  lease  all,  or  such  mining  claims  or  interest  therein 
belonging  to  the  estate  as  he  shall  designate  in  the  order,  and 
to  give  an  option  to  the  lessee  to  purchase  the  same  within  a 
specified  time,  at  a  stipulated,  price,  and  when  such  order  has 
been  made,  the  executor,  administrator  or  guardian  may  lease 
the  mining  claims  specified  in  the  order,  and  give  the  lessee  an 
option  to  purchase  the  same,  within  the  time,  and  at  the 
price,  specified  in  the  order. 

Sec.  2.  Provides  for  bond  of  administrator  before  sale  is 
confirmed. 


MINING  LAWS  OF  UTAH  109 

See.  3.  If  the  lessee  complies  with  the  terms  of  the  lease, 
and  accepts  the  option,  and  tenders  the  stipulated  price,  he 
shall  be  entitled  to  a  deed  for  the  mining  claims  upon  which 
the  option  was  given,  but  no  title  shall  pass,  under  such  option, 
until  the  acceptance  of  the  option,  and  the  deed  executed  pur- 
suant thereto,  have  been  reported  to,  and  approved  by  the 
court. 

Sec.  4.     This  act  shall  take  effect  upon  approval. 

Approved  this  20th  day  of  February,  1903. 


UTAH. 
LOCATION  NOTICE  LODE  CLAIM. 

For  this  form  use  the  same  as  given  on  page  31  for  Arizona. 

UTAH. 
LOCATION  NOTICE  PLACER  CLAIM. 

For  this  form  use  the  same  as  given  for  California. 


UTAH. 
AFFIDAVIT  OF  ANNUAL  LABOR. 

For  this  form  see  same  given  for  Arizona,  and  read  section 
6,  page  100,  Utah  Laws,  for  additions. 

UTAH. 
DIAGRAM  OF  LODE  CLAIM. 

For  this  map  see  page  33,  Arizona  Laws — use  same. 


Headquarters  for 


WAG 


Best  Adapted  to  Desert 
Mountain  for  Prospectors  and  Miners 


Ore  Wagons 

Freight  Wagons 
Camp  Wagons 

Buckboards 
Four=Spring  Wagons 

Also  Scrapers,   Graders,  Road  Machin. 
ery  and  Harness. 


Newell  Mathews   Co. 

200-202-204  N.  Los  Angeles  St. 

LOS  ANGELES,  CALIFORNIA, 


GENERAL  INFORMATION 


A  corporation  may,  by  its  agent,  locate  a  mining  claim. 
McKinley  v.  Wheeler.  130  U.  S.  630.  70.  Fed.  R.  463. 

In  the  case  of  Thompson  vs.  Spray  72.  Cal.  531  it  was  decided 
that  a  minor  child  may  make  a  mining  location. 

The  title  to  mining  claims  that  are  not  patented  is  occupation 
and  development,  and  the  title  is  conditional  upon  such  occupa- 
tion and  development. 

No  discovery  of  mineral  is  complete  until  the  actual  vein  is 
discovered ;  the  finding  of  float  or  loose  quartz  is  not  a  sufficient 
discovery  to  warrant  a  lode  location. 

Discovery  of  ore  that  will  pay  to  work  is  not  essential  to  a 
mining  location,  but  it  is  sufficient  if  its  value  is  such  that  one 
will  be  willing  to  further  develop  and  follow  the  vein. 

In  order  to  hold  two  or  more  claims  it  is  necessary  that  there 
should  be  a  discovery  of  mineral  on  each  of  the  claims.  An 
extention  of  a  mining  claim  can  not  be  held  by  reason  of  dis- 
covery on  another  claim.  Where  owing  to  the  nature  of  the 
ground  stakes  can  not  be  driven  in  where  the  statute  requires 
stakes  it  is  sufficient  that  the  stakes  be  held  in  place  by  a  pile 
of  stones. 

Where  an  application  has  been  made  for  a  patent  on  one  or 
more  mining  claims  the  annual  labor  must  be  kept  up  after  the 
application  and  until  final  entry. 

While  the  Congressional  Act  of  1880  does  not  require  annual 
labor  upon  a  claim  during  the  year  location  is  made,  still  such 
annual  expenditure  may  be  required  during  the  location  year 
by  State  Statute. 

The  following  things  will  count  for  annual  labor : 

1.  Any  labor  performed    for    the    purpose  of  discovering 
mineral. 

2.  Building  a  road  to  reach  the  mining  claim. 

3.  Building  a  flume,  drain  or  ditch  to  get  water  on  a  claim. 

4.  Wages  of  a  watchman  where  the  mine  is  idle. 

5.  Work  done  off  of  the  claim  when  it  is  a  direct  reference 
to  the  drainage  or  development  of  the  claim. 

The  following  work  will  not  count : 

1.  Building  a  house  for  dwelling   away  from   the   claim, 
though  near  it. 

2.  Expense  of  taking  tools,  lumber,  etc.,  to  the  mine. 


112  GENERAL  INFORMATION 

3.     Traveling  expenses  in  going  to  and  coming  from  the  mine. 

Where  the  owner  of  the  claim  has  not  done  his  annual  labor, 
but  begins  work  on  Dec.  31st,  and  prosecutes  the  work  con- 
tinuously to  the  amount  of  $100  a  claim,  hi*  claim  or  claims 
can  not  be  re-located  on  Jan.  1st,  but  his  work  must  be  continu- 
ous until  the  whole  $100  has  been  expended. 

Where  several  owners  of  a  claim  have  allowed  the  year  to  ex- 
pire without  doing  the  annual  labor  and  one  of  such  owners 
attempts  to  re-locate  the  claim  for  himself  the  Court  will  decide 
that  such  re-location  is  for  the  benefit  of  all  the  former  owners. 

Where  mining  ground  that  has  previously  been  located  is  re- 
located the  location  notice  of  the  new  location  should  state  that 
it  is  located  on  abandoned  ground  and  should  show  the  name 
of  the  previous  owner,  and  what  ground  is  re-located  with  as 
much  particularity  as  possible,  and  if  name  of  old  owner  is 
unknown  that  fact  should  be  stated. 

An  amended  location  notice  relates  back  to  the  date  of 
original  location  and  with  all  its  rights  and  privileges,  provided 
no  adverse  rights  have  in  the  mean-time  intervened.  (40  Fed. 
787.) 

A  placer  claim  is  a  location  in  which  gold  is  found  loose  in 
sand  or  gravel  and  not  in  a  vein  or  in  place.  It  includes  gulch 
claims,  old  channels,  cement  and  drift  diggings. 

Oil  land  may  be  located  as  a  placer  but  an  actual  discovery  of 
oil  must  first  be  made. 

The  amount  of  ground  which  can  be  located  as  a  placer  claim 
is  limited  to  twenty  acres  to  each  person,  but  an  association  of 
persons  may  locate  a  claim  in  common,  which  will  in  the  aggre- 
gate not  exceed  twenty  acres  to  each  person  in  the  association, 
and  not  exceed  160  acres  in  all.  In  such  case  a  separate  dis- 
covery is  not  required  on  each  twenty  acres  but  a  discovery  on 
any  part  is  sufficient. 

The  following  table  will  show  the  dimensions  of  placer  claims : 
.  Claim  466.69  x  466.69  feet  contains  5  acres. 
Claim  660  x  330  feet  contains  5  acres. 
Claim  660  x  660  feet  contains  10  acres. 
Claim  1320  x  660  feet  contains  20  acres. 
Claim  800  x  1089  feet  contains  20  acres. 
Claim  933  1-3  x  933  1-3  feet  contains  20  acres. 
Claim  1320  x  1320  feet  contains  40  acres. 
Claim  2640  x  2640  •  feet  contains  160  acres. 

Tailings  are  the  property  of  the  miner  who  made  them  so 
long  as  they  are  retained  on  his  own  land,  or  under  his  own 


•   GENEEAL  IKFOEMATION  113 

control  and  not  abandoned,  but  when  allowed  to  flow  upon  the 
land  of  another  the  other  becomes  entitled  to  them. 

A  quit-claim  form  of  deed  is  the  one  comfnonly  used  to  trans- 
fer title  to  an  unpatented  mining  claim,  but  care  should  be 
taken  to  properly  describe  the  mining  claim  by  reference  to  the 
book  and  the  page  of  the  County  Records  in  which  the  original 
location  notices  are  to  be  found,  and  reference  to  them  should 
be  made  for  description.  It  is  not  necessary  that  the  .wife  of 
an  owner  of  a  mining  claim  should  join  her  husband  in  convey- 
ing a  mining  claim  in  either  Arizona  or  Nevada  but  it  is  neces- 
sary in  California.  Where  the  ownership  of  the  claim  is  in  the 
wife  it  is  necessary  for  the  husband  to  join  in  the  deed  in  all 
of  the  places  named. 

A  person  desiring  to  obtain  a  deed,  a  lease,  a  working  bond 
or  an  agreement  to  sell  a  mining  claim  should  consult  a  lawyer 
who  is  conversant  with  mining  law  in  the  state  in  which  the 
claim  is  located,  unless  he  is  looking  for  a  law  suit.  Before 
paying  out  money  for  such  purposes  an  examination  of  the 
title  of  the  reputed  owner  of  the  mining  claim  should  be  care- 
fully made ;  by  doing  these  things  for  a  small  payment  of  money 
trouble  can  be  avoided  to  get  out  of  which  (if  fortunate)  many 
hundreds  will  later  be  paid. 


114  GENERAL  INFORMATION 


CONTRACT  TO  SELL  AND  TO  BUY. 

« 

I,  • ,  vendor,  hereby  agree  to  sell  to 

,  and  I,   purchaser, 

agree  to  buy  of  said x  . . ,  the  * ., 

Placer  Mining  Claim,  situate,  etc. 

The  agreed  consideration  of  said  sale  is  $1,000.00  cash  in  hand 
paid,  the  receipt  whereof  is  hereby  acknowledged;  $3.000.00 

to  be  paid  within days  from  the  date  hereof,  and 

$6,000.00  within days  from  such  date,  making  a  total 

consideration  of  $10,000.00. 

Said  vendor  within  ten  days  from  date  will  deliver  to  pur- 
chaser, or  his  attorney,  an  abstract  of  title  duly  certified  by 
the  Clerk  and  Recorder  of  said  County,  or  by  some  reputable 
abstract  office,  together  with  all  the  original  title  papers  which 
are  in  his  possession  or  within  his  power  to  produce. 

And  within  said  time  will  place  in  escrow  in  the 

Bank  of a  good  and  sufficient. 

deed  conveying  to  said ,  or  such  person  as 

he  shall  nominate,  the  said  premises  clear  of  encumbrance,  to 
be  by  such  band  held  in  escrow  until  final  payment  be  made 
under  this  contract  or  default  is  made  under  the  same.  De- 
posit in  said  band  to  the  credit  of  vendor  shall  be  equivalent 
to  payment  of  any  of  said  installments. 

Time  is  of  the  essence  of  this  contract  as  to  each  and  every 
installment,  and  if  any  installment  or  installments  be  not  paid 
within  the  time  or  times  hereby  limited  therefor,  ail  previous 
installments  shall  be  and  remain  the  property  of  said  vendor, 
the  deed  in  escrow  shall  be  returned  to  him  for  cancellation, 
and  the  property  shall  remain  his  own,  unaffected  and  unen- 
cumbered by  this  contract.  But  if  he  fail  to  deliver  abstract 
within  said  period,  or  to  deposit  said  deed  in  escrow,  or  if 
his  title  prove  encumbered  or  otherwise  not  marketable,  vendee 
may  recover  any  and  all  installments  paid,  or  may  sue  for 
specific  performance  and  for  a  perfect  title,  or  for  damages  or 
otherwise  as  he  may  be  advised. 

WITNESS  the  hands  and  seals  of  said  parties  this 

day  of ,  A.  D.  190 

(Seal) 

(Seal) 


GENERAL  INFORMATION  115 

BOND  FOR  A  DEED  OF  MINING  PROPERTY. 

Know  all  Men  by  These  Presents : 

That of  the  County 

of  Yuma  and  Territory  of  Arizona,  the  part of  the  first 

part,  held  and  firmly  bound  unto 

>. . .  .of  the  County  of and 

Territory  of  Arizona,  the  part ol:  the  second  part,  in  the 

sum  of Dollars, 

of  the  United  States  of  America,  to  be  paid  to  the  said 

executors,  administrators  or  as- 
signs ;  for  which  payment  well  and  truly  to  be  made. 

bind heirs,  executors  and  administrator:'! 

firmly  by  these  presents.  Sealed  with 

seal and  dated  the day  of 

A.  D.  One  Thousand  Eight  Hundred  and 

Ninety 

THE  CONDITION  of  the  above  obligation  is  such,  that  if 

the  above  bounded  obligor.  : . .  shall,  on  the 

day  of A.  D.  One  Thousand  Eight 

Hundred  and  Ninety ,  make,  execute  and 

deliver  unto  the  said or  to 

assigns,  (provided  that  the  said 

shall  on  or  before  that  day  have  paid  to  the  said  obligor.  . .  . 

the  sum  of Dollars,  

of  the  United  States  of  America,  the  price  by  said 

agreed  to  be  paid 

therefor),  a  good  and  sufficient  deed  for  conveying  and  assur- 
ing to  the  said freje 

from  all  incumbrances,  all right,  title  and  interest, 

estate,,  claim  and  demand,  both  in  law  and  equity,  as  well  in 
possession  as  in  expectancy,  of,  in  or  to  that  certain  portion, 

claim  and  mining  right,  title  or  property  on :  certain 

vein....  or  lode....  of  rock  containing  precious  metals  of 

gold,  silver  and  other  minerals,  and  situated  in  the 

Mining  District,  County  of 

and  Territory  of  Arizona,  and  described  as  follows,  to-wit : . . . . 

Then  this  obligation  to  be  void,  otherwise  to  remain  in  full 
force  and  virtue. 

Signed,  Sealed  and  Delivered  in  the 
presence  of 


(SeaD 

(Seal) 

Acknowledge  before  Notary  Public. 


116  GENERAL  INFORMATION 

MINING  DEED.-QUIT  CLAIM. 

THIS  INDENTURE,  made  this day  of ,  in 

the  year  One  thousand,  nine  hundred  and ,  between 

of ,   the   party   of  the 

first  part,  and of x  . .  .the  party  of 

the  second  part, 

WITNESSETH,  that  the  party  of  the  first  part,  for  and  in 

consideration  of  the  sum  of Dollars,  lawful  money 

of  the  United  States,  to  him  in  hand  paid  by  the  party  of  the 
second  part,  the  receipt  whereof  is  hereby  acknowledged,  does 
by  these  presents  sell,  confirm  and  quit-claim  unto  the  said 
party  of  the  second  part,  and  to  his  heirs  and  assigns,  all  those 

certain quartz  mining  claims,   situated  in 

Mining  District, County. 

State  of ,  and  more  particularly  described  as  follows : 

(An  undivided  one-half  interest  in  and  to)  the 

Mining  Claim,  the  location  notice  of  which  is  recorded  in  Book 

,  page ,  Notices  of  Mining  Locations,  in 

the  office  of  the  County  Recorder  of  the  County  of , 

State  of ,  and  recorded  in  Book ,  page 

,  of  the  Mining  Records  of  said Mining  District. 

(Here  describe  balance  of  claims  as  above.) 

TOGETHER,  with  all  dips,  spurs,  angles  and  variations  and 
all  the  metals  therein;  and  all  the  rights,  privileges  and  fran- 
chises thereto  incident,  appendant  and  appurtenant,  or  there- 
with usually  had  and  enjoyed;  and  also  all  and  singular  the 
tenements,  hereditaments  and  appurtenances  thereto  belonging, 
or  in  any  wise  appertaining,  and  the  rents,  issues  and  profits 
thereof;  and  also  all  the  estate,  right,  title,  interest,  property, 
possession,  claim  and  demand  whatsoever,  as  well  in  law  as  in 
equity,,  of  the  said  party  of  the  first  part,  of,  in  or  to  the  said 
premises,  and  every  part  and  parcel  thereof,  with  the  appur- 
tenances. 

TO  HAVE  AND  TO  HOLD,  all  and  singular  the  said  prem- 
ises, together  with  the  appurtenances  and  privileges  thereunto 
incident,  unto  the  said  party  of  the  second  part,  his  heirs  and 
assigns  forever. 

IN  WITNESS  WHEREOF,  the  said  party  of  the  first  part 
has  hereunto  set  his  hand  and  seal  the  day  and  year  first  above 
written. 

(Seal) 

(Seal) 

Acknowledge  before  Notary  Public. 


TO  ATTORNEYS 


I  would  advise  you  that  I  have  in  my  office  a  complete  set  of 
Arizona  Statutes,  decisions  and  forms  which  you  are  welcome 
to  use  at  any  time. 

I  have  associates,  mostly  attorneys,  who  can  act  as  agents  for 
corporations,  in  all  the  principal  towns  of  Arizona,  and  I  can 
thus  quickly  and  carefully  assist  you  to  incorporate.  Corres- 
pondence with  attorneys  on  Arizona  practice  will  be  cheerfully 
answered  to  assist  them  in  their  business.  I  was  for  many 
years  District  Attorney  in  Arizona  and  have  been  in  this  line 
of  business  for  15  years.  You  can  save  yourself  a  great  deal  of 
trouble  and  possible  error  by  handing  or  sending  your  original 
articles  (and  two  copies)  to  me,  and  my  associate  in  Arizona 
will  attend  to  filing  and  publishing  and  return  all  papers  to  you 
promptly. 

We  are  also  prepared  to  hold  stockholders'  meetings  any- 
where in  Arizona  by  proxy  when  desired. 

If  you  have  occasion  to  associate  counsel  with  you  in  any 
mining  litigation  in  Arizona,  I  would  have  you'  know  that  either 
my  father,  Gen.  Thos.  F.  Wilson,  or  myself  attend  all  terms  of 
Court  in  Phoenix  (Maricopa  County),  Yuma  (Yuma  County), 
Nogales  (Santa  Cruz  County),  Florence  (Pinal  County),  Tomb- 
stone (Cochise  County),  and  Tucson  (Pima  County).  We  have 
had  from  fifteen,  to  twenty  years'  experience  in  mining  litiga- 
tion in  Arizona. 

We  can  also  assist  you  to  obtain  patents  to  mining  claims  or 
agricultural  entries  either  through  the  local  U.  S.  Land  Offices 
at  Tucson,  Arizona  or  Los  Angeles,  California  or  the  Depart- 
ments in  Washington. 

Gen.  Thos.  F.  Wilson  resides  at  Tucson,  Arizona,  where  he 
was  United  States  Attorney.  We  will  be  glad  to  be  associated 
in  any  class  of  general  law  business  you  may  have  in  Arizona. 

I  refer  by  permission  to  Hon.  W.  J.  Hunsaker,  Hon.  E.  W. 
Camp,  and  Messrs.  Works,  Lee  &  Works,  Attorneys,  Los  An- 
geles, California. 

CALVERT  WILSON, 

Attorney  at  Law, 
Los  Angeles,  California. 

350  Wilcox  Building.  Home  Phone  1851. 


ARIZONA 
CORPORATION  LAWS 


CHAPTER  I. 
Corporations. 

761.  (Section  1.)    Corporations  are  either  public  or  private. 

762.  (Sec.  2.)     A  public  corporation  is  one  that  has  for  its 
object  the  government  of  a  portion  of  the  territory. 

763.  (Sec.  3.)     A  private  corporation  is  one  organized  for 
the  purpose  of  religion,  charity  or  benevolence,  sociability  or 
learning  or  for  profits. 

CHAPTER  II. 
Corporations  in  General. 

764.  (Sec.  4.)    Any  number  of  persons  may  associate  them- 
selves together  and  become  incorporated  for  the  transaction  of 
any  lawful  business,  but  such  corporation  shall  confer  no  powers 
or  privileges  not  possessed  by  natural  persons,  except  as  here- 
in provided. 

765.  (Sec.  5.)     Among  the  powers  of  such  bodies  corporate 
shall  be  the  following: 

1.  To  have  perpetual  succession. 

2.  To  sue  and  be  sued  by  the  corporate  name. 

3.  To  have  a  common  seal  and  alter  the  same  at  pleasure. 

4.  To  render  the  shares  or  interest  of  stockholders  transfer- 
able and  prescribe  the  mode  of  making  such  transfers. 

5.  To  exempt  the  private  property  of  members  from  liability 
for  corporate  debts. 

6.  To  make  contracts,  acquire  and  transfer  property,  pos- 
sessing the  same  powers  in  such  respects  as  private  individuals 
now  enjoy. 

7.  To  establish  by-laws  and  make  all  rules  and  regulations 
deemed  expedient  for  the  management  of  their  affairs  not  in- 
consistent with  the  constitution  and  laws  of  the  United  States 
and  laws  of  this  Territory. 

766.  (Sec.    6.)     Before    commencing   any   business,    except 
that  of  their  own  organization,  they  must  adopt  articles  of  in- 
corporation, which  shall  be  signed  and  acknowledged  by  them 
as  deeds  are  required  to  be  acknowledged,  and  recorded  in  a 
book  for  that  purpose  in  the  office  of  the  County  Recorder  in 
th.e  county  where  the  principal  place  of  business  is  to  be.    The 
articles  of  incorporation  must  contain  : 


ARIZONA  CORPORATION  LAWS  119 

1.  The  names  of  the  corporators,  the  name  of  the  corpora- 
tion, and  its  principal  place  of  transacting  business. 

2.  The  general  nature  of  the  business  proposed  to  be  trans- 
acted. 

3.  The  amount  of  capital  stock  authorized  and  the  time 
when  and  the  conditions  upon  which  it  is  to  be  paid  in. 

4.  The  time  of  the  commencement  and  determination 'of  the 
corporation. 

5.  By  what  officers  or  persons  the  affairs  of  the  corporation 
are  to  be  conducted  and  the  times  at  which  they  are  to  be 
elected. 

6.  The  highest  amount  of  indebtedness  or  liability  to  which 
the  corporation  is  at  any  time  to  subject  itself. 

7.  Whether  private  property  is  to  be  exempt  from  corporate 
depts.    Unless  so  exempted,  stockholders  are  liable  for  the  debts 
of  the  corporation  in  the  proportion  to  which  their  stock  bears 
to  the  whole  capital  stock. 

767.  (Sec.  7.)     Every  corporation  organized  under  the  pro- 
visions of  this  title  shall  file  a  copy  of  its  articles  of  incorpora- 
tion, certified  to  by  the  county  recorder  of  the  county  where 
said  articles  are  recorded,  in  the  office  of  the  auditor  of  the 
Territory  and  have  the  same  recorded  by  him  in  a  book  kept 
for  that  purpose.    Such  articles  of  incorporation  must  specify 
the  highest  amount  of  indebtedness  and  liability,  direct  or  con- 
tingent, to  which  the  corporation  is  at  any  time  to  be  subject, 
which  must  in  no  case  exceed  two-thirds  of  the  amount  of  the 
capital  stock. 

768.  (Sec.  8.)     Every  corporation  organized  under  the  pro- 
visions of  this  title  shall  publish  at  least  six  times  in  some  news- 
paper published  in  the  county  in  which  the  principal  place  of 
business  is  located  or  works  established,  if  there  be  one,  and  if 
not,  then  in  some  newspaper  having  a,  general  circulation  in 
such  county,  a  copy  of  its  articles  of  incorporation,  and,  upon 
the  expiration  thereof,  file  an  affidavit  in  the  office  of  the  sec- 
retary of  the  Territory,  stating  that  such  publication  has  been 
made  according  to  law. 

769.  (Sec.  ^9.)     The  corporation  may  commence  business  as 
soon  as  its  articles  of  incorporation  are  filed  for  record  in  the 
office  of  the  county  recorder,  and  a  certified  copy  with  the 
auditor  of  the  Territory,  and  its  acts  shall  then  be  valid,  if  the 
publication  is  made  and  an  affidavit  thereof  filed  in  the  office 
of  the  auditor  of  the  Territory  within  three  months  from  the 
date  of  the  filing  with  the  county  recorder. 


120  ARIZONA  CORPORATION  LAWS 

770.  (Sec.  10.)     The  capital  stock  of  any  corporation  or- 
ganized hereunder  may  be  increased  or  decreased  and  the  arti- 
cles may  oe  amended  in  any  of  the  particulars  mentioned  in 
Section  6  of  this  title  by  the  affirmative  vote  of  a  majority  of 
the  stockholders.  Such  amendment  shall  be  signed  and  acknowl- 
edged by  the  president  and  attested  by  the  secretary  of  the 
corporation,  and  no  such  amendment  shall  be  valid  unless  re- 
corded'and  published  as  the  original  articles  are  required  to  be. 

771.  (Sec.  11.)     Corporations  organized  under  this  title  may 
be  formed  to  endure  for  twenty-five  years,  but  they  may  be 
renewed  from  time  to  time  for  a  period  of  not  exceeding  twen- 
ty-five years,  when  three-fourths  of  the  votes  cast  at  any  stock- 
holders' meeting  duly  called  and  held  for  that  purpose  shall  be 
in  favor  of  such  renewal. 

772.  (Sec.  12.)     The  corporation  shall  not  be  dissolved  prior 
to  the  period  fixed  upon  in  the  articles  of  incorporation,  except 
by  a  majority  vote  of  its  members,  unless  a  different  rule  is 
adopted  in  the  articles. 

773.  (Sec.  13.)     Transfer  of  the  stock  shall  not  be  valid 
except  as  between  the  parties  thereto,  until  the  same  are  regu- 
larly entered  upon  the  books  of  the  company  so  as  to  show  the 
names  of  the  person  by  whom  and  to  whom  the  transfer  is  made, 
the  number  or  other  designation  of  shares,  and  the  date  of  the 
transfer.    The  books  of  the  company  shall  be  so  kept  as  to  show 
intelligently  the  original  stockholders,  their  respective  interests, 
the  amount  of  which  has  been  paid  thereon,  and  all  transfers 
thereof,  and  such  books  or  records  or  correct  copies  thereof,  so 
far  as  they  relate  to  the-  items  mentioned  in  this  section,  shall 
at  all  times  be  subject  to  the  inspection  of  any  stockholder  de- 
siring the  same. 

774.  (Sec.  14.)     Any  corporation  organized  or  attempted 
to  be  organized  in  accordance  with  the  provisions  of  this  title 
shall  cease  to  exist  by  non-user  of  its  franchises  for  five  years 
at  any  one  time ;  but  such  body  shall  not  forfeit  its  franchises  by 
reason  of  any  omission  to  elect  officers  or  to  hold  meetings  at 
any  time  prescribed  by  the  by-laws. 

775.  (Sec.  15.)     Corporations  whose  charters  expire  by  their 
own  limitation  or  by  the  voluntary  act  of  the  stockholders  may. 
nevertheless,  continue  to  act  for  the  purpose  of  closing  up  the 
business,  but  for  no  other  purpose,  unless  renewed  as  in  this 
chapter  provided. 

776.  (Sec.  16.)     Nothing  herein  shall  exempt  the  stockhold- 
ers of  any  corporation  from  individual  liability  to  the  amount 


ARIZONA  CORPORATION  LAWS  121 

of  the  unpaid  installment  on  the  stock  owned  by  them,  or  trans- 
ferred to  them  for  the  purpose  of  defrauding  creditors ;  and  an 
execution  against  the  corporation  to  that  extent  may  be  levied 
upon  the  private  property  of  such  individual. 

777.  (Sec.  17.)     For  the  purpose  of  making  repairs,  build- 
ing or  enlarging  or  extending  works,  or  to  meet  contingencies, 
or  for  the  purpose  of  providing  a  sinking  fund  for  the  payment 
of  debts,  the  corporation  may  establish  a  fund  and  loan  the 
same  out  from  time  to  time,  taking  in  all  cases  a  good  and  suffi- 
cient security  for  the  payment  of  the  same. 

778.  (Sec.  18.)     In  any  proceeding  by  or  against  a  corpora- 
tion, the  court  shall  have  the  power  to  compel  the  officers  of 
the  corporation,  on  motion  of  either  party,  upon  proper  cause 
being  shown,  to  produce  the  books  and  records  of  the  corpora- 
tion, and  when  so  produced,  either  party  may  use  the  same  in 
evidence. 

779.  (Sec.  19.)     Persons  acting  as  a  corporation  under  the 
provisions  of  this  title  shall  be  presumed  to  be  legally  organized 
until  the  contrary  is  shown,  and  no  such  franchise  shall  be  de- 
clared to  be  actually  null  and  forfeited  except  in  a  regular  pro- 
ceeding brought  for  that  purpose. 

780.  (Sec.  20.)     No  person  acting  as  a  corporation  under  the 
provisions  of  this  title  shall  be  permitted  to  set  up  or  rely  upon 
the  want  of  a  legal  organization  as  a  defense  to  any  action 
brought  against  them  as  a  corporation,  nor  shall  any  person  who 
;nay  be  sued  on  a  contract  made  with  such  corporation,  or  sued 
for  an  injury  done  to  its  property,  or  for  a  wrong  done  to  its 
interests,  be  permitted  to  rely  upon  such  want  of  legal  organi- 
zation in  his  defense. 

781>  (Sec.  21.)  No  corporation  organized  under  the  provi- 
sions of  this  title  for  the  purpose  of  doing  a  mining  or  manufac- 
turing business  shall  have  power  to  construct  or  operate  any 
railroad,  tramway,  turnpike  or  canal,  except  such  as  may  lead 
from  its  principal  works  or  place  of  business  to  some  navigable 
stream,  or  to  some  existing  railroad,  turnpike,  or  public  high- 
way. 

782.  (Sec.  22.)  No  person  or  persons  to  whom  shares  of 
stock  in  any  company  incorporated  under  the  laws  of  this  Terri- 
tory, have  been  or  hereafter  shall  be  transferred,  or  by  whom 
such  shares  are  held  as  security  for  money  advanced  thereon, 
or  which  are  now  or  shall  be  held  by  any  such  person  or  persons 
as  security  for  any  indebtedness  whatever,  shall  have  the  right 
to  vote  at  any  election,  either  general  or  special,  called  or  held 
by  any  such  incorporated  company  for  any  purpose  whatever; 


122  AEIZONA  CORPORATION  LAWS 

but  the  absolute  right  to  vote  and  represent  all  stock  in  any 
such  incorporated  company,  transferred  to  or  held  by  any 
person  or  persons  as  security  for  any  money  advanced  thereon 
or  for  any  other  indebtedness  whatever,  at  any  election  held 
by  any  such  company  as  aforesaid,  shall  belong  to  the  person 
or  persons  who  deposit  or  transfer  such  stock  as  security  for 
any  such  indebtedness,  and  any  vote  cast  by  any  person  or  per- 
sons holding  shares  of  stock  in  any  incorporated  company  as 
aforesaid,  as  security  as  hereinbefore  described,  shall  be  abso- 
lutely void  and  of  no  effect. 

783.  (Sec.  23.)  All  corporations  organized  under  this  chap- 
ter shall  'appoint  a  bona  fide  resident  of  this  Territory,  who 
has  been  a  resident  of  this  Territory  for  at  least  three  years,  its 
agent,  upon  whom  all  notices  and  processes,  including  service 
of  summons,  may  be  served,  and  when  so  served  shall  be  deemed 
taken  and  held  to  be  lawful  personal  service  on  such  corpora- 
tion, and  said  notice  shall  be  filed  in  the  office  of  the  auditor 
of  the  Territory. 

AMENDMENTS. 

By  Act  of  March  18,  1903,  the  following  changes  were  made : 

1.  The  auditor  of  the  Territory  is  substituted  for  the  secre- 
tary—i.  e.,  papers  are  to  be  filed  in  the  office  of  the  auditor  in- 
stead of  in  office  of  secretary,  and  corporations  commence  busi- 
ness when  articles  (certified  copy  from  recorder)  are  filed  in 
auditor's  office. 

2.  All  persons  occupying  territorial  public  office  are  prohib- 
ited from  acting  as  the  statutory  or  resident  agent  for  any  cor- 
poration. 

COSTS  OF  INCORPORATION. 

The  following  is  the  total  cost  of  incorporation  in  Arizona: 

County  Recorder,  Recording  Articles $  3.00 

Certified  Copy  of  Articles  from  County  Recorder 3.00 

Filing  Certified  Copy  with  Auditor  of  Arizona 10.00 

Auditor's  Certificate  (if  desired,  not  compulsory) 3.00 

Filing  Appointment  of  Agent  with  Auditor 3.00 

Yearly  Cost  of  Resident  Agent 10.00 

Filing  Affidavit  of  Publication  with  Auditor 3.00 

Publishing  Articles  in  Tucson,  Yuma  or  Phoenix 20.00 

Total  Expense $55.00 

No  annual  tax  or  tax  on  amount  of  capital  stock. 


HARPER  &  REYNOLDS  CO 

HARDWARE,  METALS, 
MINING  SUPPLIES, 
WROUGHT  IRON  PIPE 


Equal  to 
r  Jessop  or  Firth's  Steel 
in  Rock  Work. 


CANTON  DRILL  GROOVED  AND  TOOL  STEEL 


CAPS,  BELLOWS, 

FUSE,  SHOVELS, 

HOSE,  BELTING, 

CABLE,  PACKING, 

PICKS,  ORE  CARS, 

ANVILS,  DYNAMITE, 

T.  RAILS,  WIRE  ROPE, 

BUCKETS,  DRILL  HAMMERS, 

POWDER,     FIRE  EXTINGUISHERS. 


152-154  H.  Main  St, 
153-155  N.  Los  Angeles  St.    Los  Angeles,  Gal, 


124  INDEX 

Index  to  U.  S.  Mining  Laws 

Page.  Section. 

Summary  of   laws    3           

What  lands  may  be  located 5  2319 

Who  may  locate    > 5  2319 

Size  of   claims    5  2320 

Proof    of    citizenship 6  2321 

Failure  of  co-owners  to   contribute 7  2324 

Forfeiture  to  co-owner,  forms  for 23 

Bight  of  possessor  to  what  veins 6  2322 

Tunnel    right     7  2323 

Tunnel   right,   forms   for 21 

Local  rules  of  miners 7 

Beeord  of   mining   claims 7  2324 

Description    of    claim *. 7  2324 

Annual  labor  on  claim 7  2324 

Location   notice    7  2324 

Possessory  actions   10  910 

Proceedings  for  patent    9  2325 

Suits   on  adverse   claims 10  2326 

Locations  on  surveyed  land 12  2327 

What  are  placer  claims 12  2329 

Size  of  placer  claims 13  2330 

Description    of    placer    claims 13  2331 

Evidence  of  right  to  patent 13  2332 

Lode  claim  in  placer  claim 14 

Surveyor  General  to  appoint  deputies 14  2334 

Verification   of   affidavit   for  patent 15  2335 

Intersecting    veins 15  2336 

Mill    sites,    form    for 18 

Mill  sites,  what  will  hold 19 

Mill  sites,  law  of 15  2337 

Legislatures   may   pass    laws 16  2338 

Eights  to  water  for  mining 16  2339 

Patents  subject  to  rights  of  way 16  2340 

Coal    lands     19  2347 

Mining  claim  in  forest  reserve 17 

California    hydraulic    mining 16 

Index  to  Arizona  Mining  Laws 

(See  also  Index  to  II.  S.  Mining  Laws). 

DESCBIPTION  OF  MINING  CLAIM— 

What  is  sufficient  in  deed 31  3249 

Contents   location  notice   lode  claim 26  3232 

Belocation    28  3241 

FOBFEITURE  OF  INTEEEST  OF  CO-OWNERS— 

Notice  to    delinquent   co-owner 29  3245 

Notice  and  affidavit,  as  evidence 30  3246 

Eeceipt  for  contribution  by  delinquent  co-owner 30  3247 

Penalty  for  failure  to  acknowledge  contribution....  30  3248 
Proof    of    contribution,    when    co-owner    refuses    to 

acknowledge    30  3248 

LOCATION— 

Who   can   locate 26  3231 


INDEX  125 

Page.  Section.* 

Notice  to  be  made  and  posted 26  3232 

Becording     27  3234 

Of  lode   claims 26  3232 

Of  placer  claims  29  3242 

Of   abandoned  claims 28  3241 

LODE  MINING  CLAIMS— 

Location  of,  by  whom  made 26 

Location,    how    made 26 

Location  notice,  must  contain  what 26 

Location,  no  right  acquired  until  notice  posted 27 

Location,  what,  work  to  be  done  to  perfect 27 

Location  notice  to  be  recorded,  when 27  3234 

Time  allowed  for  work 27  3234 

Failure  to  perform  work  forfeits  claim 27 

Surface  boundaries,  how  marked 27  3236 

Open  cut,  adit  or  tunnel  equal  to  shaft  as  discovery 

work 27  3237 

Location  notice  may  be   amended 27  3238 

Assessment  work  governed  by  laws  of  the  IT.  S 27  3239 

Assessment  work,  affidavit  of 28  3240 

Affidavit  and  record  of,  as  evidence 28 

Eelocation   of   forfeited   claims 28  3241 

PLACER  MINING  CLAIMS— 

How  located    29  3242 

Monuments   may  be   placed,  where 29  3243 

Location  notice  to  be  recorded , 29  3244 

MISCELLANEOUS  LAWS— 

Summary  sales  of  mining  claims  of  estates 26  1772 

Optional  sales  of  claims  by  guardians 26  2013 

Injunction  on  working  claims 26  2746 

Miners '    liens    for    labor 26  2904 

County  recorders    31  3250 

Drainage  by  different  owners 31  3252 

Assays  of  ores  at  University 31  3258 

Fees    of    recorder...                                                           .  31  3259 


Index  to  California  Mining  Laws 

(See  also  Index  to  U.  S.  Mining  Laws). 
CIVIL  CODE— 

Claims,  recording  affidavits  of  work  and  notice 41  1159 

Claims,  recording  notice  of  location 41  1159 

Fixtures    attached    to 38  661 

Hydraulic   mining    41  1424 

Mortgage   of  machinery 43  2955 

Partnership,   mining    4£  2511 

Express  agreement  not  necessary  for  partnership ....  42  2512 

Express  authority  necessary  to  bind 43  2519 

Lien  of  partners  on  property 42  2514 

Mine   is  firm  property 42  2515 

One  partner  cannot  bind  except  by  express  authority  43  2519 

Owners  of  majority  of  shares  govern 43  2520 

Profits  and  losses  shared  how 42  2513 

Agency  for  transfer  of  stock  in  mining  company. . .  38  586 

Books  of  mining  Company  to  be  open  for  inspection.  39  588 

Examination  of  ground  by  stockholders 40  589 


126  INDEX 

Page.  Section. 

Posting    monthly    statement 39             588 

Mining    companies    may    consolidate 38           587a 

Tenant  at  will  of  mines 41             819 

CODE  OF  CIVIL  PEOCEDUEE— 

Action  to   recover 44             748 

Eminent    domain    45           1238 

Exemption  of  miners  property 43             690 

Local  rules  govern  actions :» 44            748 

Mechanics  liens  on  mines 44           1183 

Mining  customs  proof  of  in  actions 44             748 

Use  of  public  land  for  mining 46           1925 

Action   to   quiet   title 43             738 

Order   to   survey  mine 43             742 

Liens  on  mines  in  case  of  assignment 45           1204 

Patent  prima  facie  evidence 46           1927 

GENEEAL  LAWS— 

Protection   of  miners   in   mines 46 

Modes  of   escape   from   mines 46 

Liabilities   of   mining  company  for  injury 47 

Easements  and  drainage 47 

Affidavits   of    annual  labor 47 

Failure  to  do  annual  labor 47 

Forfeiture    to    co-owner 47 

Abandoned    shafts   to    be   fenced 48 

Calaveras  County,  recording  in 48 

Protection   of   coal   miners 49 

Bell   signals    in   mine 49 

Debris    commissioner     49 


Index  to  Nevada  Mining  Laws 

ADVEESE  POSSESSION— 

How    established    66                 1 

AFFIDAVIT — 

Of  assessment   work 60 

Of  co-owner  of  notice  to  delinquent 61                 5 

ASSESSMENT  WOEK— 

•  United    States    law 2324 

Amount  required    60                 1 

Estimate  of   60                 1 

Affidavit  of,  to  contain  what 60                2 

Must   be   recorded 60                 2 

Delinquency  of  co-owner  in  performing 61                 5 

ASSAYING— 

Business  of,  regulated 69                 1 

BOUNDAEIES  OF  CLAIMS— 

Can  go  beyond,  when (U.S.)  7           2323 

Defined  or  marked,  how 53                 2 

In  relocation   55 

When  established  by  surveyor 56                9 

Of  placer   claim 56                 1 

Of  tunnel  right    57                 1 

Of  saline  lands,  must  be  surveyed 58                 1 

COEPOEATIONS,  MINING— 

Action   against   co-owners 74                 1 

Money  expended  constitutes  lien 75                6 


INDEX  127 

i  Page.  Section. 

Powers   of    , 79  1 

Capital  stock,  what  may  constitute 79 

Governed  by  mining  laws  of   district 80  4 

May  be  stockholder  in  other  corporations 80 

Disincorporation      80  6 

May  sue  for  delinquent  assessments 81 

Must  notify  delinquents  of  intention  td  sue 81  8 

May    consolidate    81  1 

Manner  of   consolidation 81  1 

CO-OWNERS— 

Delinquency  of   61  5 

Delinquent   may  recover,  how 61  5 

CONVEYANCE  OF  MINING  PROPERTY— 

Formalities  required    64  1 

How  proved  65  3 

Terms  used  in  ' '  lands ' '  defined 65  4 

By   minors    66  7 

DEED  (See  Conveyance) — 

From  State,  must  contain  proviso 90  3 

DIP  OF  LEDGE— 

Locator  may  follow,  when 55  5 

DISCOVERY  SHAFT— 

Time  of  sinking 53  2 

Depth  of  53  2 

Equivalent   of    53  2 

Size  and  location  to  be  recorded 54  4 

In  case   of   relocation 56  8 

EMINENT  DOMAIN— 

For  .mining   purposes 83 

EXEMPTION— 

Miner's  cabin,  etc.,  exempt  from  execution 69  3 

JUSTICE  OF  THE  PEACE— 

Notice  of  unfenced  shaft  to  be  filed  with 76  2 

LEGAL  DAY'S  WORK— 

Eight  hours  a  legal  day's  work  in  underground  mines  91  1 

Same  in  smelters,   etc 91  2 

Misdemeanor  and  penalty   91  3 

LOCATION— 

Manner  of    53  1 

Notice  of    53  1 

Prior,  right   of    54  3 

Must  be  recorded,  when 54  4 

Includes    what    55  5 

Of  placer   claims 56  1 

Of   tunnel   right 57  1 

Of  saline  lands 5.8  1 

Of  mill  site   59  1 

LOCATOR— 

Qualification   of    53  1 

Extent  of  claim  of 54  3 

Define  boundaries  of  claim,  how 53  2 

Must  record  notice,  time  for 54  4 

May  go  beyond  lines,  when 55  5 

May  not  go  beyond  lines,  when 55  6 

May  file   additional  certificate,  when 55  7 

Of  placer  claim 56  1 

Of  tunnel  right 57  1 


128  INDEX 

Page.  Section. 

Of  saline  lands   58                 1 

Of  mill  site   59                 2 

LOCATION  CERTIFICATE— 

Must  contain  what 54                4 

May  be  changed  how,  when  defective 55                 7 

Recorder   to    give    receipt   for 93 

Eecorder's  receipt  prima  facie  evidence, 93 

MACHINERY— 

Regulations   regarding    92                 1 

MILL  SITE— 

Who  may  locate   59                 1 

Size   of  'claim    59                 2 

Location  must  be  recorded   59 

Record  of,  must  contain  what 60                 4 

MINING  CLAIM— 

Conveyance   of    64                 1 

Mortgage   on    65 

Deed  of  minor  to 66 

Minors  may  convey   66                 8 

Action  for  possession  of 66                 1 

Title   to,  actions  involving 67 

Actions  for  recovery  of 67                 1 

Lien,  on,  for  labor,  etc 68                 2 

Injunction   on    69                 4 

Partition    of    70                 1 

Damage  to  or  trespass  on 72 

Majority  owners  may  change  interest  of  minority.  ...  74                 1 

May  be  worked  on  occupied  land,  when 89             '1 

MINERAL  IN  PLACE— 

Locator  must  show   53                 2 

Defined  (Jones  v.  Pros.  Tun.  Co.,  21  Nev.  339) 53                 2 

MONUMENTS- 
HOW  placed  and  marked 53 

In  tunnel  right   58                 2 

NOTICE— 

Must  contain  what    53                 1 

Can  claim  but  one  location 54                3 

Void,  when 54                 3 

Time  for  recording 54                 4 

Of  placer  claim  location 56                 1 

Of  tunnel  right  location 57                  1 

Of   mill   site   location 59                 2 

To   delinquent   co-owner 6t                 5 

To   owner  of  shaft 76                 2 

Must  be   given  delinquent   stockholder 81                 8 

Must  be  given  of  consolidation  of  corporations 81                 1 

Of  petition  under  eminent  domain 84 

OCCUPATION  OF  MINING  CLAIM— 

Consists  of  what    67                 1 

Of  saline  lands  59                4 

ORES— 

Preferred  lien   on,  when 68                 1 

False  statement  regarding 70                 1 

PATENT  ON  MINE- 
How  obtained  (United  States  law) 9 

Action   regarding    66                 1 

From  State  must  contain  proviso 90                 3 


INDEX  129 
Page.  Section. 

PLACER  CLAIM- 
HOW  to  locate  56  1 

Time  for  recording  notice 57  2 

POSSESSION— 

Must  hold,  of  saline  lands 59  4 

Action  for  in  case  of  patent 66  1 

Actions  for  recovery  of 67  1 

PROTECTION  OF  EMPLOYEES— 

Limiting  use  of  collars,  etc.,  on  shafting  machinery.  .  92  1 

Misdemeanor  and  penalty   92 

Not  to  prevent  recovery  of  damages 92  3 

PROTECTION  OF  MINERS— 

County  Recorder  to  give  receipts 93 

Receipt  prima  facie  evidence  of  recording f 93 

RECORDER  OF  MINING  DISTRICT— 

Duty   of    62  1 

Fee  to  collect  and  transmit 62  2 

Penalty  for  neglect  or  refusal 63  6 

Claim  to  be  recorded  with 54  4 

Placer   claim,   to   record 57  2 

Tunnel  right,  to   record 58  3 

Mill  site,  to  record 59  3 

Fee  for  recording  assessment  work 61 

Notice  to  delinquent  co-owner,  must  record 61  5 

To    give    receipts 93 

RECORDER,  COUNTY— 

Claim  to  be  recorded  with 54 

Fee  for  recording  notice 63  4 

Penalty  for  neglect  or  refusal 63  6 

Ex  officio  mining  recorder,  when 63  7 

To  give  receipts 93 

RECORD,  MINING— 

'  Must   contain  what 54  4 

Void,    when     54  4 

Previous  records  valid   54  4 

Prima  facie  evidence    54  4 

Includes    what     55  5 

Survey  part  of,  when 56  9 

Of   placer   claim 57  2 

Of  tunnel   right  location        58  3 

Of   location   of   saline   lands    58  2 

Of  mill  site  location   5!)  3 

Of   assessment  work    60  2 

Record  of  assessment  work  imparts  notice   61  4 

Of  notice  to  delinquent  co-owners 61   ,.  5 

Record  in   evidence    63  5 

Imparts  notice  of   contents 64  8 

Copies  of,  received  in  evidence 64  9 

RELOCATION— 

Certificate    of    55  7 

How    made     56  8 

Discovery  shaft   in    56  8 

.SHAFT— 

Discovery   shaft,    depth    of    53  2 

Liability   of   owner   of 76  3 

Must  be  fenced    76  1 

Cage  to  be  used  in 78  1 


130  INDEX 

Page.  Section. 

SUEVEY— 

Part  of  record    56  9 

Of  saline  lands  required ~>S  2 

Order  for,  how  obtained    73  3 

TEESPASS— 

Upon   patented   mining   ground * 91  1 

Misdemeanor  and  penalty   91 

Applies  to   Esmeralda   County 91  3 

TUNNEL  EIGHT— 

Location    of     57  1 

Boundaries,  how  marked    58  2 

Time    for   recording 5.s  3 

When  blind  ledge  is  discovered  in    5>S  4 

I 

Index  to  Utah  Mining  Laws 

AFFIDAVIT— 

Of    assessment    work    100  6 

ASSAYS— 

Changing  samples  or  certif 106  4400 

Making  or  publishing  false  assay   107  4401 

ASSESSMENT  WOEK— 

Amount  required  (see  U.  S.  Laws) 2324 

Affidavit  of,  to  contain  what 100  6 

Must  be  recorded 100  6 

Notice  at  discovery  shaft    100  5 

Notice  at  entrance  of  workings    100  5 

ADVEESE  CLAIM— 

Action    to    determine    105  3511 

BOUNDAEIES  OF  CLAIMS— 

Defined  or  marked,  how    100  3 

Of  placer  claim    100  3 

COAL  MINES— 

Act    concerning    107 

EMINENT  DOMAIN— 

When  it  can  be  exercised   106          3588 

EXEMPTIONS— 

Exemptions  of  miners   105  3245 

FOEFEITUEE  OF  INTEEEST  OF  CO-OWN  EES— 

(See  U.  S.  Laws.)    

FIEE  PEOTECTION  IN  MINES— 

An   act   for    107 

INTEEFEEING  WITH  NOTICES  ETC.— 

Penalty    for    104  1535 

LEASING  OF  MINES— 

Act  concerning  mines  belonging  to  Estates   108 

LIENS  FOE  MINEES'  WAGES— 

Miners '    liens    103  1381 

When  mine  is  leased 104  1382 

LEGAL  DAY'S  WOEK— 

Eight  hours  a  legal  day's  work  in  underground  mines  103  1337 

Same  in  smelters,  etc 103  1337 

Misdemeanor   to   employ  child 103  1338 

LOCATION— 

Manner    of     99  1 

Notice    of 99  1 

Must  be  recorded,  when    100  4 


INDEX  131 

Page.  Section. 

Includes    what     99 

Of  placer  claims    99  2 

Of  mill   site    100  3 

LODE  MINING  CLAIMS— 

Location  of,  by  whom  made  (see  U.  S.  Laws.) 

Location,  how  made    99  2 

Location  notice,  must   contain  what    99  2 

Location,  what,  work  to  be  done  to  perfect   100 

Location  notice  to  be  recorded,  when   100 

Surface  boundaries,  how  marked    100  3 

Assessment  work,  affidavit   of    100  6 

Affidavit  and  record  of,  as  evidence    101  5 

Extent    of    claim    99  1 

Monuments     99  2 

PLACEE  MINING  CLAIMS— 

How   located 99  2 

Monuments   may  be   placed,   where    99  2 

Location  notice  to  be  recorded .    100  4 

MONUMENTS— 

Claims   must   be   marked    100  3 

Permanent    monument     99  2 

MINING  DISTRICTS— 

Reorganization    101  7 

MINING   CUSTOMS  AND  RULES— 

When   they   control .    106  3521 

ORES— 

Damages  for  taking    104  1536 

RECORDS  OF  MINES— 

Copying    records     101  8 

Expense  of  copying  records    101  8 

County  recorder  to  give    102  12 

District   recorder   to   give    101  9 

'  District   recorder   to    give 103  14 

RECORDERS— 

Fees  of   county  recorder    101  9 

Fees  of   county  recorder    102  12 

Fees  of  district  recorder 103  16 

County  recorder  to   record  rules 102  12 

Mining  district   recorder  to  give  bond    102  13 

District   recorder  to  make  copies . .    103  14 

Vacancy  in   district   recorder 103  15 

SALTING  MINES— 

Penalty    for     106  4399 

SHAFT— 

Must   be   fenced    .  .  .  ; ' 104   ,       1538 

Cage  to  be  used  in   107 

Pits   to   be   filled    105  1539 

Penalty  for  leaving  uncovered    105  1.540 

STATE  MINERAL  LANDS— 

To  be  leased 105  2370 

Rules   regarding   leasing    105  2370 

SURVEY  OF  MINING  CLAIM— 

Order  for  by  court  105  3515 


132  INDEX 


Index  to  Forms 

Page. 

ARIZONA— 

Location  notice,  lode  claim : 31 

Location  notice,  placer  claim 36 

Affidavit  of  assessment  work,  one  claim 34 

Affidavit  of  assessment  work,  group.  .^ 35 

Location  notice,  mill  site .*' 18 

Deed   to   mining   claim 116 

Agreement  to  sell  mining  claim 114 

Bond  of  mining  claim 115 

Diagram  or  map  of  mining  claim 33 

Tunnel,  site  location  notice   21 

Forfeiture    to    co-owner 23 

CALIFORNIA— 

Location  notice,  lode  claim   49 

Location  notice,  placer  claim 51 

Affidavit  of  assessment  work,  one  claim 34 

Affidavit  of  assessment  work,  group 35 

Location  notice,  mill  site 18 

Deed  to  mining  claim   116 

Agreement  to  sell  mining  claim 114 

Bond  on  mining  claim 1 15 

Diagram   or   map   of   lode   claim 33 

Tunnel  site  location  notice   21 

Forfeiture    to    co-owner 23 

NEVADA— 

Location  notice,  lode  claim,  preliminary 94 

Location  notice,  lode  claim 95 

Affidavit  of  assessment  work,  one  claim 34 

Affidavit  of  assessment  work,  group 35 

Location  notice,  placer  claim   96 

Location  notice,  mill  site 18 

Deed  to  mining  claim   116 

Agreement  to  sell  mining  claim 114 

Bond  on  mining  claim    115 

Diagram  or  map  of  lode  claim 97 

Tunnel  site  location  notice    21 

Forfeiture    to    co-owner 23 

UTAH— 

Location  notice,  lode  claim   109 

Location   notice,   placer   claim 109 

Affidavit  of  assessment  work,  one  claim 109 

Affidavit  of  assessment  work,  group 109 

Location  notice,  mill  site    18 

Deed  to  mining  claim   116 

Agreement  to  sell  mining  claim 114 

Bond  on  mining  claim 115 

Diagram   or   map   of   lode   claim 33 

Tunnel  site  location  notice 21 

Notice   of  forfeiture  to   co-owner .  23 


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UNIVERSITY  OF  CALIFORNIA  LIBRARY 

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This  book  is  DUE  on  the  last  date  stamped  below. 


MAY  3 1 1984 
JUN141984 


PSD  1916     8/77 


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1915 
AMENDMENTS 


AND 


ADDITIONS 


